The European Data Protection Board (EDPB), or the European Union's (EU) independent data protection authority, has issued a binding decision prohibiting Meta, the parent company of Facebook and Instagram, from using the personal data of users for targeted advertisements across the European Economic Area (EEA).
According to the EDPB's statement, this action follows a request from the Norwegian Data Protection Authority (DPA) to implement comprehensive measures affecting the entire EEA.
The ban on data processing will come into effect one week after the controller, in this case, the Irish Data Protection Commission (DPC), notifies Meta of the final measures.
MENLO PARK, CALIFORNIA - OCTOBER 28: A car drives by a new logo and the name 'Meta' on the sign in front of Facebook headquarters on October 28, 2021 in Menlo Park, California. A new name and logo were unveiled at Facebook headquarters after a much anticipated name change for the social media platform.
EEA-Wide Processing Ban Addressed to Meta
EDPB Chair Anu Talus emphasized the necessity of this action, highlighting that previous EDPB binding decisions had clarified that the contract basis was inadequate for Meta's processing of personal data for behavioral advertising.
"After careful consideration, the EDPB considered it necessary to instruct the IE SA to impose an EEA-wide processing ban, addressed to Meta IE. Already in December 2022, the EDPB Binding Decisions clarified that contract is not a suitable legal basis for the processing of personal data carried out by Meta for behavioural advertising," Talus said in the statement.
"In addition, Meta has been found by the IE SA to not have demonstrated compliance with the orders imposed at the end of last year. It is high time for Meta to bring its processing into compliance and to stop unlawful processing," she added.
This decision holds significant implications for Meta's operations in the EEA, which boasts a substantial user base. It underscores the growing scrutiny and regulatory measures being imposed on tech giants regarding data privacy and advertising practices.
Meta's Response to the Ban
Meta recently announced its intention to introduce a subscription-based model, allowing users in the EU and EEA to opt for an ad-free experience when using Facebook and Instagram.
"Meta has already announced that we will give people in the EU and EEA the opportunity to consent and, in November, will offer a subscriptions model to comply with regulatory requirements," a Meta representative told the AFP.
The company emphasized that it had been in active dialogue with the EDPB regarding its consent plan to arrive at a satisfactory outcome. In response to the EDPB's decision, the company has expressed disappointment in the EDPB's decision.
"This development unjustifiably ignores that careful and robust regulatory process," the Meta representative noted.
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