In this account overview, Meta's customers can for the first time decide freely and informedly whether they want to use Meta services in isolation or link them together. The latter option enables additional functionalities such as sharing the same post on different services (so-called crossposting), but also results in Meta using the linked data for advertising purposes.

With the Facebook decision in 2019, we entered new territory under antitrust law based on the general prohibition of abuse. We now see that the road to a free and informed decision by users about the way their data is processed is rocky, but it can be successful. The implementation of our decision has taken an important step forward, but is not yet complete.

Andreas Mundt, President of the Federal Cartel Office

What still needs to be clarified is, in particular, how users can be informed as accurately and neutrally as possible centrally about the use and data processing consequences of Meta's so-called business tools and plugins (e.g. Facebook login, Like button) and how they can easily allow or deny their use and to what extent cross-account data processing can exceptionally be lawful even without consent (e.g. for security purposes). If the necessary consents were not given sufficiently freely and informedly, they must be obtained.

Meta: Decision and decision of the ECJ

On February 6, 2019, the Federal Cartel Office decided to prohibit Meta (formerly Facebook) from merging data from different sources without the consent of users. Meta filed a complaint against this with the Düsseldorf Higher Regional Court (OLG Düsseldorf). At Meta's request on August 26, 2019, this ordered the suspensive effect of the complaint. At the request of the Federal Cartel Office, the Federal Court of Justice revoked this order in a decision of June 23, 2020 and rejected Meta's application for an order to have the suspensive effect of the complaint. On March 24, 2021, the Düsseldorf Higher Regional Court submitted various questions to the European Court of Justice (ECJ) and suspended the proceedings until the ECJ made a decision.

The ECJ should then clarify how certain provisions of the General Data Protection Regulation (GDPR) are to be interpreted and whether the Federal Cartel Office may also interpret GDPR standards in the context of antitrust balancing decisions. Advocate General Rantos basically affirmed the latter in his opinion of September 20, 2022. The ECJ's decision is expected to be announced on July 4, 2023.

Lack of transparency

Despite the pending nature of the initial decision, the Federal Cartel Office has held ongoing negotiations with Meta to implement the decision. The company then introduced a so-called account overview and revised its data infrastructure. This account overview gave users the opportunity for the first time to decide for themselves whether they want to connect their accounts on Meta services (e.g. Facebook and Instagram) - with the result that Meta also uses the data linked across accounts for education purposes of advertising profiles and the display of personalized advertising. From the Federal Cartel Office's point of view, this first account overview had serious deficiencies. It neither informed customers in a neutral manner nor was all essential information presented transparently and quickly recognizable.

Changed account overview under review

As part of the plan to implement the Federal Cartel Office's decision, which was presented after intensive discussions in February 2023, Meta presented, among other things, a significantly changed account overview, which in turn was discussed in detail with the Federal Cartel Office. During this process, numerous adjustments were made to the account overview, resulting in a much more transparent and understandable user interface.

Various design elements and wording were changed that could have influenced users in their choice in favor of account linking. More accurate terms are now used in detail (e.g. “personal data” instead of “information”); Finally, the process for disconnecting accounts has been made much easier.

Although there is still potential for optimization in detail, in the area of ​​application of the account overview we can speak of a largely free and informed decision-making process for Meta's customers. They will now have a basic choice: They can either use the individual services separately with all the essential functions. Or they opt for additional cross-account functions, but then have to reveal additional personal data.

The assessment that Meta's account overview enables users to make largely free and informed choices is based on the standards of the Facebook decision from 2019. Additional requirements under other legal bases, in particular Section 19a of the Act Against Restraints of Competition or the provisions of the Digital Markets Act, are therefore not excluded. It should also be noted that the assessment of Meta's account overview cannot easily be transferred to other selection situations, as the scope and overall context of the user decision must be taken into account.

Source:

Federal Cartel Office

This might also be of interest:
Facebook chain letter: GDPR, data protection, algorithms and the truth behind the misinformation
Fraudsters hijack Facebook page to take over other pages
“Meta Business Support” – Warning of fraud: A nasty scam on Facebook attracts users Cases


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