We are all users of a social network. Have you ever wondered how the operators of these networks collect your personal data?
This year, the Court of Justice of the European Union issued a judgment on the subject. This was specifically about Meta, a company that operates social networks such as Facebook and Instagram. Recently, the option to pay for “Facebook without ads” has emerged. Have you noticed it? We’ll explain why that’s the case.
“Register” button
When you register on Facebook, you agree to the general terms and conditions by clicking on the “register” button. These also refer to the privacy policy and the cookie policy. It is on the basis of cookies that the company then collects data about users, about activities both on and off the network, and associates it with users’ accounts. You therefore have two options – either to give your consent or not to register and not to use the network.
Customized advertising
Meta’s data processing is simply that when you view a website (and enable cookies), Meta immediately “logs” it. This list is then mainly used for personalised advertising purposes. This then, in short, makes it so that when you want to buy a new pair of shoes online and you’re browsing shoe websites, you see ads on Facebook specifically for shoes.
Dominant market position
The German Competition Authority initiated a procedure against Meta, at the end of which it essentially banned conditioning the use of Facebook on consent to the processing of data relating to activities outside the social network. This is primarily because the authority sees this as an abuse of market dominance, as Facebook is undoubtedly a giant in the social networking market. If you want to use it, you have to give it consent, whether you want to or not. Meta then brought an action against this decision and the court referred several preliminary questions to the CJEU.
He knows everything about you
Among other things, the CJEU also addressed the question of whether this type of processing of personal data should be considered as processing of special categories of personal data (within the meaning of the GDPR). The Court concluded that yes, because Meta builds a fairly detailed profile of each of us. The pages we visit may reveal, for example, our sexual orientation, religious beliefs, or even our state of health. The court further states that such processing requires the company to give valid and free consent, which can be withdrawn at any time. Failure to grant or withdraw such consent must not mean that you will be prevented from using the network, otherwise it could not be free consent.
Paid Facebook?
Meta solved this in a rather subtle way (however, the court also hinted at this possibility in its judgment). It is perhaps understandable that without (personalised) ads, the economics of society would change fundamentally. So Meta came up with the option of giving consent or paying a monthly fee. Thus, Meta will continue to be guaranteed a profit from each user – either from (personalized) advertising or from the monthly fee.
This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.
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