Yesterday (December 6, 2022), the European Data Protection Committee EDSA decided on new regulations regarding the General Data Protection Regulation (GDPR). Accordingly, all of the metagroup's platforms (Facebook, Instagram and WhatsApp) will no longer be allowed to use personal user data for advertising in the future, at least not without their consent.
User data: Consent simply moved using a trick
Although this regulation is not new and has existed since 2018, the US company Meta has so far been able to easily circumvent these GDPR guidelines. The consent required to use user data for advertising was simply moved to the General Terms and Conditions (GTC).
If the users accepted these terms and conditions in order to continue using the app, they had also automatically and often without knowing it confirmed that they could use their data for advertising.
Decided on new regulations
As many media outlets report, including Standard and Tech Crunch , a decision on new guidelines was made on Monday by the responsible board, which represents all EU data protection authorities. Consequently, circumventing the GDPR, as has been practiced for four years, should not be permitted. The EDSA also agreed and thereby overruled the Irish Data Protection Authority (DPC), which had previously sided with Meta Ireland Limited.
“Instead of having a yes/no option for personalized advertising, they simply moved the consent clause to the terms and conditions. This is not only unfair, but clearly illegal. We are not aware of any other company that has attempted to ignore the GDPR in such an arrogant manner.”
Max Schrems from the European Center for Digital Rights (called NGO Noyb )
Meta should be made aware of the grievances
EDSA's decision calls on the local DPC to draw Meta's attention to the critical situation and at the same time impose a "significant penalty" for the previous four-year approach. The decision is therefore not a direct work order to the US group and has not yet been publicly communicated by the authority. However, a spokesman for Meta assures: “We are in constant communication with the DPC and will continue to stay in contact until a decision has been made.”
Max Schrems expects a high fine and points out that Meta has already had to pay half a billion euros in fines this year, also due to violations of GDPR laws. This money would flow to the Irish state.
“The case will probably continue before the courts. The punishment will now go to the very state that has delayed the proceedings for over four years and has sided with Meta.”
Max Schrems from the European Center for Digital Rights (called NGO Noyb )
What does this mean for us users?
According to Noyb, the new guidelines require Meta to provide a new version of all apps that “does not use personal data for advertising.” Nevertheless, the company is still able to use the content of posts for its own purposes. But there will also soon have to be a yes/no option on websites as to how user data should be handled or whether it can be used for advertising. According to Schrems, this would level the playing field with other advertisers.
In general, the new decision could definitely severely restrict the US company's use of data for the sale of advertisements. On the day of the decision, Meta shares fell by 5.3%.
Sources:
The Standard , Tech Crunch , Wall Street Journal
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