More and more Romanian users of Facebook, the social network owned by Mark Zuckerberg’s company Meta Platforms, are reporting that it has started informing them that they can switch to a paid subscription version if they want to remove targeted ads.

“The laws are changing in your area, so we’re introducing new choices about how we use your information for advertising,” Facebook tells users in a pop-up message, then provides more information about the two options available to them: whether to pay a monthly subscription to ad-free version, or consent to the further use of your personal data to target personalized advertising.

An ad-free subscription costs €9.99 per month for web users and €12.99 for mobile devices using iOS or Android, the two operating systems compatible with the Facebook app.

Why Facebook introduced ad-free subscription in Europe

Meta, the company that also owns Instagram and WhatsApp, announced these new paid user subscriptions in late October, saying they would help Facebook and Instagram comply with European data protection regulations.

Earlier this year, Meta was fined €390 million in Ireland, home to its European headquarters, after the data privacy commissioner told it it could not use its so-called “contract” with users as a legal basis for sending them advertisements based on their online activity.

The European Union has been fighting for years against tracking internet users without their consent, first with the European General Data Protection Regulation (GDPR) in 2016, then with the Digital Markets Regulation (DMA), which took effect this summer. Meta has until March 6, 2024 to fulfill the obligations set forth in the DMA.

In essence, Meta tried to convince the European authorities that by introducing a paid subscription for users, it offers a fair alternative: those who choose to pay will be protected in terms of personal data, and those who want to continue using the social platform for free media will be protected . is not disturbed by their processing.

Meta’s reasoning is that the consent given now by users who don’t want to pay will have more legal force than the one they expressed when they signed up for Facebook.

The EU does not believe in the “solution” found by Mark Zuckerberg’s company

But last Wednesday, just a day after Meta introduced paid subscriptions to Facebook and Instagram, the European Data Protection Board (EDPB) announced it had extended a ban originally imposed by Norway on the “personalised advertising” on which Meta’s business model is based . , to cover all 30 member states of the European Union and the European Economic Area.

Moreover, the EDPB announced that it sent its decision to the data regulator in Ireland and gave it two weeks to impose a permanent ban on this type of advertising, which is used by Meta platforms as well as other tech giants such as Google.

“On October 27, the EDPB adopted a binding decision (…) to introduce a ban on the processing of personal data for behavioral advertising due to contractual principles and legitimate interests throughout the European Economic Area,” the institution said in a statement. Reuters press release.

In Norway, Meta is already fined one million kroner (about $90,000) a day for violating rules on respecting users’ personal data in order to show them personalized ads.

Datatilsynet, the Norwegian regulator in the field, announced in September that it had forwarded the file to European authorities because the fine only applies in Norway and was due to expire on November 3.

Norway is not one of the member states of the European Union, but is part of the single market of the EU bloc.

Meta accused the European authorities of ignoring the proposed alternative

Just after the EDPB’s announcement last Wednesday, Meta mentioned a solution it introduced to European users regarding paid subscriptions.

“The EDPB members have been fully aware of this plan for weeks and we have already been fully engaged with them to reach a satisfactory outcome for all parties,” a Meta spokesman said after the European body’s decision was announced.

“This development unjustifiably ignores this thorough and robust regulatory process,” it said.

Given the decision of the European authority, the alternative for Meta would be to abandon personalized advertising, which would seriously affect its revenues in Europe, or to introduce an exclusive paid subscription, which is likely to affect its user base even more.

But given the fact that they now seem to have decided to ignore the decision of the EDPB, it is likely that the matter will go to court.