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Meta ignores the users' right to easily withdraw consent Meta ignores the users' right to easily withdraw consent Jan 11, 2024 Meta Withdrawal Header Meta unlawfully ignores the users' right to easily withdraw consent Since the beginning of November, Instagram and Facebook users who don't want to be tracked have to pay a "privacy fee" of up to EUR 251.88 per year. While one (free) click is enough to consent to being tracked, users can only withdraw their consent by going through the complicated process of switching to a paid subscription. This is illegal, as the GDPR clearly states that withdrawing your consent must be "as easy as" giving it. In addition to a previous noyb complaint relating to the consent phase of the "pay or okay" system, noyb has filed an additional complaint with the Austrian data protection authority today to take into account the withdrawal situation. * Complaint against Meta on the withdrawal issue (EN) * Previous complaint relating to the consent phase (EN - Machine translation) Meta's latest attempt to circumvent EU privacy laws. It has merely been six months since the European Court of Justice (CJEU) ruled that Meta's handling of user data was illegal. Yet the social media giant has launched its third attempt to circumvent European privacy laws. Instead of asking users for their consent, Meta is now charging people for choosing a privacy-friendly setting. As of the beginning of November 2023, it costs up to EUR251.88 a year to maintain your fundamental right to data protection on Facebook and Instagram. Users who don't want to pay will have to accept being tracked for targeted advertising. noyb has already filed a complaint against this approach in November 2023. Expensive withdrawal of consent. But Meta's seriously flawed approach to free consent isn't the only issue at hand. Once users have consented to being tracked, there's no easy way to withdraw it at a later date. This is illegal. Despite Article 7 of the GDPR clearly stating that "it shall be as easy to withdraw as to give consent", the only option to "withdraw" the (one-click) consent, is to buy a EUR 251.88 subscription. In addition, the complainant had to navigate through several windows and banners to find the page where he could actually revoke consent. Massimiliano Gelmi, data protection lawyer at noyb: "The law is clear, withdrawing consent must be as easy as giving it in the first place. It is painfully obvious that paying EUR 251,88 per year to withdraw consent is not as easy as clicking an "Okay" button to accept the tracking." Clear violation. The European Data Protection Board (EDPB) even mention monetary costs as an example of a burden that is incompatible with the principle of Article 7 GDPR in its guidelines, making it clear that Meta is making the withdrawal of consent not nearly as easy as to give consent. Complaint filed in Austria. noyb has now filed a complaint with the Austrian data protection authority (DSB) on behalf of one complainant. The authority should order Meta to bring its processing operations in compliance with European data protection law and to provide users with an easy way to withdraw their consent - without having to pay a fee. In addition, noyb suggests that the authorities should impose a fine to prevent further violations of the GDPR. The case will likely be forwarded by the Austrian DSB to the Irish DPC, who is the "lead authority" for Meta in the EU. Related articles Recent articles Meta "Pay or Okay" noyb files GDPR complaint against Meta over "Pay or Okay" Nov 28, 2023 Meta charges up to EUR251.88 to respect the fundamental right to privacy of EU users. This is a violation of the GDPR Read more Meta "Pay for your Rights" Meta (Facebook / Instagram) to move to a "Pay for your Rights" approach Oct 03, 2023 In order to bypass the GDPR, Meta apparently plans to move to a "Pay for your Rights" approach Read more Project Forced Consent & Consent Bypass Support us! noyb funding goal 76.58 % Invest in privacy! Follow us! * Facebook * Twitter * Youtube * LinkedIn * Instagram * Newsletter * Mastodon * RSS Media Coverage Politico Logo U.S. tech giant Meta has been hit with a record EUR1.2 billion fine for not complying with the EU's privacy rulebook. Read More Reuters Apple hits back at European activist complaints against tracking tool An Austrian privacy advocacy group drew a strongly critical response from Apple on Monday after it said an online tracking tool used in its devices breached European law. Read More FZ 101 Unternehmen leiten noch immer Daten an die USA weiter Der Datenschutz-Verein noyb brachte 101 Beschwerden gegen den Datentransfer in die USA ein. Read More zdf ZDF Magazin Royale vom 10. Dezember 2021 Expertentalk mit Datenschutzer und Facebookbezwinger Max Schrems Read More reuters Irish regulator proposes 36 mln euro Facebook privacy fine - document The complaint, lodged by Austrian privacy activist Max Schrems, concerned the lawfulness of Facebook's processing of personal data, specifically around its terms of service. Read more Footer menu * Legal, Open Source & Privacy * Translations * Media * Contact