Observed Signal · Jul 1, 2024 · Regulation · Source: OnlineMarketing.de · Impact: 5/5 · Sentiment: Negative
EU Rules Meta Pay-or-Consent Violates DMA
European Union regulators preliminarily determined that Meta's Pay-or-Consent model for EU users breaches the Digital Markets Act. The plan to let users either pay for an ad-free experience or consent to data sharing is criticized as providing an unequal choice, failing to offer an equivalent service for non-consenting users. The EU Commission's statements indicate Meta's approach does not allow a service with less personal data use that is equally accessible. Meta offered a €9.99 monthly subscription (€12.99 via web) as the paid alternative, but the Commission regards it as not an equivalent substitute. If confirmed, Meta could face penalties up to 10% of annual revenue, rising to 20% for repeat violations; Meta’s 2023 revenue was around $135 billion. The Commission has forwarded the preliminary conclusions to Meta, which may respond in writing; non-compliance would trigger DMA enforcement actions.
Major regulatory action with potential industry-wide impact on ad tech and data practices.
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Key Takeaways & Evidence Grounding
- EU Commission preliminary findings that Meta's Pay-or-Consent principle breaches Article 5(2) DMA.
- Meta offered EU/EEA a paid subscription of €9.99 per month (€12.99 via web) as an equivalent alternative.
- Penalties could reach up to 10% of annual revenue, rising to 20% for repeats; Meta's 2023 revenue was about $135B.
- The Commission forwarded preliminary findings to Meta; Meta may submit written remarks; non-compliance could lead to DMA enforcement.
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