Why did BEUC file a complaint against Meta?

BEUC filed a complaint against Meta with the Consumer Protection Cooperation (CPC) Network after changes rolled out to Facebook and Instagram services in the EU in November 2023 requiring users to either consent to the processing of their personal data for advertising purposes or pay to avoid advertisements. BEUC considers this pay-or-consent approach unfair under EU consumer law.

What is BEUC’s complaint against Meta based on?

BEUC’s complaint against Meta is based on the following practices of concern:

• Meta is partially blocking the use of Facebook and Instagram until users have selected one option or the other, which constitutes an aggressive practice under European consumer law. 
• In addition, many consumers likely think that, by opting for the paid subscription as it is presented, they get a privacy-friendly option involving less tracking and profiling.
• Meta provides misleading and incomplete information to consumers which does not allow them to make an informed choice. 
• Given the market power of Meta's Facebook and Instagram services in the EU and the very strong network effects of social media platforms consumers do not have a real choice because if they quit the services they would lose all their contacts and interactions built over the years.

What is the real impact on consumers?

The real impact on consumers is that they are faced with a mandatory choice in order to continue using Facebook and Instagram, which undermines their ability to make a free and informed decision. Consumers may also be misled into believing that paying for an “ad free” option offers greater privacy, while their personal data continues to be collected and used for purposes other than advertising.

Which BEUC members and consumer organisations took part in this action?

The following BEUC members took part in this action: Асоциация Активни потребители (Bulgaria) ), dTest (Czech Republic), Forbrugerrådet Tænk (Denmark), Que Choisir Ensemble (France), EKPIZO & KEPKA (Greece), Adiconsum (Italy), Latvijas Patērētāju interešu aizstāvības asociācija (Latvia), Vartotojų aljansas (Lithuania), Union Luxembourgeoise des Consommateurs (Luxembourg), Consumentenbond (The Netherlands), Forbrukerrådet (Norway), Federacja Konsumentów & Fundacja Konsumentów (Poland), Spoločnosť ochrany spotrebiteľov (S.O.S.) ZPS (Slovenia), Asufin & CECU (Spain), Sveriges Konsumenter (Sweden).