Ban on behavioral ads on Facebook and Instagram in Europe

The European Union has decided to extend the ban on so-called behavioral advertising on Facebook and Instagram services. The previous ban introduced by Norway, a country not a member of the EU, will now apply in 30 community countries.

Ban on behavioral ads on Facebook and Instagram in Europe
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Summary

  • The European Data Protection Board (EDPB) has extended the ban on behavioral advertising on Facebook and Instagram from Norway to all thirty countries of the European Union and the European Economic Area.
  • The EDPB's decision also serves as a guideline for a similar office in Ireland, where Meta's European headquarters is located. Meta has two weeks to permanently stop using behavioral ads.
  • Behavioral ads are a form of promotion based on a very detailed analysis of user data. For Meta, the owner of Facebook and Instagram, this ban poses a significant challenge. Non-compliance with the ban could result in a penalty of up to 4% of global turnover.
  • Since August 7, 2023, Meta has been paying daily fines in Norway for violating user privacy. Non-compliance with the ban on a European scale will be a violation of GDPR regulations, resulting in a much more severe penalty.
  • Meta announced that it will allow users in the EU and EEA to consent to data processing. A subscription model is also available on Facebook and Instagram, which allows the use of both services without any ads.
  • The EDPB's decision affects about 250 million Facebook and Instagram users in Europe.

The European Data Protection Board (EDPB) has agreed to extend the ban on behavioral advertising on Facebook and Instagram imposed by Norway to all thirty countries of the European Union and the European Economic Area.

"On October 27, the EDPB urgently adopted a binding decision to impose a ban on the processing of personal data for the purposes of behavioral advertising based on legal grounds resulting from the agreement and legitimate interest throughout the European Economic Area" - we read in the institution's statement.

The EDPB's decision is also a guideline for a similar office in Ireland, where Meta's European headquarters is located. The American giant has two weeks to permanently stop using behavioral ads.

These ads are a form of promotion based on a very detailed analysis of user data. For Meta, the owner of Facebook and Instagram, this ban poses a significant challenge, which is why the company was reluctant to attempt to limit this practice. However, it ultimately had to comply with the EDPB's decision - for non-compliance with the ban, it faces a penalty of up to 4% of global turnover.

Since August 7, 2023, Meta pays daily fines in Norway of a million crowns (about 100,000 euros) for violating user privacy. Tobias Judin, head of the international department at the local Datatilsynet office, however, emphasized that non-compliance with the ban on a European scale will be a violation of GDPR regulations, hence a much more severe penalty.

Meta announced that it will allow users in the EU and EEA to consent to data processing. Since November, a subscription model is also available on Facebook and Instagram, which allows the use of both services without any ads.

The EDPB's decision affects about 250 million Facebook and Instagram users in Europe.