The European Commission is questioning Meta’s controversial “pay or be tracked” choice for users in the European Union. The bloc has formally requested information from Facebook and Instagram’s owner under the Digital Services Act regarding the “Subscription for no Ads options” provided to regional users.
The Commission is seeking details on Meta’s compliance with its obligations concerning advertising practices, recommender systems, and risk assessments related to the introduction of the ad-free subscription option. Meta has not provided a comment on the Commission’s request at this time.
Meta adopted the “consent or pay” model in the EU last fall, offering users the option to either pay monthly subscriptions for ad-free access or agree to tracking and profiling for targeted advertising. Privacy and consumer rights groups have raised concerns about the validity of consent under EU data protection law and the lack of a free, ad-free option for EU users.
The EU’s Digital Services Act mandates that larger platforms must obtain valid consent for using data for advertising purposes and comply with data protection rules. Meta’s handling of sensitive data, minors’ data, and compliance with the DSA’s rules are under scrutiny by the Commission. Similar concerns have been raised by MEPs regarding the legality of Meta’s business model.
The Commission has issued RFIs to Meta regarding ad-free subscriptions and other compliance issues under the DSA. Meta has until March 22 to provide the requested information. The Commission will assess Meta’s responses to determine further actions, potentially including formal investigations or fines for non-compliance.
Further Requests
The Commission’s RFI also seeks information on issues like terrorist content, risk management, protection of minors, elections, shadow banning, and the launch of Threads. Meta has until March 15 to respond to these requests. The Commission may open formal investigations or issue more RFIs based on the responses received.
