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The Irish DPC fines Meta €390M over GDPR breaches related to its ad and data handling practices, giving the company three months to comply; Meta plans to appeal

quickly β€” find a new legal basis for its sprawling targeted advertising empire. 🧡 https://pro.politico.eu/... @maxschrems : So, @noybeu (that the @DPCIreland calls β€œan [unspecified] Austrian complainant") won against @Meta. They must stop using personal data for advertisement under #GDPR. The @EU_EDPB overruled the @DPCIreland who desperately tries to push that they would have done something on https://twitter.com/... Adrian Weckler / @adrianweckler : Also: big, big disagreement between regulators here. From the story: https://twitter.com/... @noybeu : 🚨BREAKING: Following noyb litigation, @Meta (Facebook and Instagram) has been prohibited from using personal data for advertisement. The #GDPR decision signals a major blow to Meta's business model in Europe, as Meta faces a € 390 Mio fine. ➑https://noyb.eu/... @dpcireland : Data Protection Commission announces conclusion of two inquiries into Meta Ireland: https://dataprotection.ie/... https://twitter.com/... Andy Stone / @andymstone : Let's set the record straight. β€œ...these decisions do not prevent personalized advertising on our platform. The decisions relate only to which legal basis Meta uses when offering certain advertising.” https://about.fb.com/... Ben Buchanan / @01core_ben : EU trying its hardest to chase tech talent and innovation out of the block. They're succeeding. https://twitter.com/... @tamaleaver : This is *huge*. If Meta are no longer able to hide β€˜consent’ to use personal data for advertising in their Terms of Use in the EU, huge swathes of users could opt out, disrupting Meta's main business model. Meta's Ad Practices Ruled Illegal Under E.U. Law https://www.nytimes.com/... Carl Szabo / @carlszabo : Because of interest-based ads, small businesses enjoy not only historically low-cost ads, but also more effective ads. If this lifeline for small businesses disappears, EU citizens will be the victims. Alex Gibney / @alexgibneyfilm : this is a hugely important ruling: https://www.nytimes.com/... Abraham Newman / @anewman_forward : Thread: 1/ Meta handed mega fine in Europe for its privacy practices. Latest signal of GDPR's bite as well as how its enforcement process was underestimated. https://www.nytimes.com/... See also Mediagazer

Politico Vincent Manancourt

Discussion

  • @andymstone Andy Stone on x
    @NicholasVinocur @vmanancourt 3. The decisions do not mandate the use of Consent and any suggestion personalized ads can no longer be offered by Meta across Europe unless each user's agreement has first been sought is wrong.
  • @andymstone Andy Stone on x
    A few things we want to be really clear about: 1. We're appealing both the substance of the rulings and the fines. 2. Nothing about these decisions prevent personalized advertising on our platform.
  • @vmanancourt Vincent Manancourt on x
    Breaking: In decisions just out, Meta is not only on the hook for privacy fines totaling nearly €400 million, but it must also β€” quickly β€” find a new legal basis for its sprawling targeted advertising empire. 🧡 https://pro.politico.eu/...
  • @anewman_forward Abraham Newman on x
    Thread: 1/ Meta handed mega fine in Europe for its privacy practices. Latest signal of GDPR's bite as well as how its enforcement process was underestimated. https://www.nytimes.com/...
  • @maxschrems @maxschrems on x
    So, @noybeu (that the @DPCIreland calls β€œan [unspecified] Austrian complainant") won against @Meta. They must stop using personal data for advertisement under #GDPR. The @EU_EDPB overruled the @DPCIreland who desperately tries to push that they would have done something on https:…
  • @adrianweckler Adrian Weckler on x
    Also: big, big disagreement between regulators here. From the story: https://twitter.com/...
  • @noybeu @noybeu on x
    🚨BREAKING: Following noyb litigation, @Meta (Facebook and Instagram) has been prohibited from using personal data for advertisement. The #GDPR decision signals a major blow to Meta's business model in Europe, as Meta faces a € 390 Mio fine. ➑https://noyb.eu/...
  • @dpcireland @dpcireland on x
    Data Protection Commission announces conclusion of two inquiries into Meta Ireland: https://dataprotection.ie/... https://twitter.com/...
  • @andymstone Andy Stone on x
    Let's set the record straight. β€œ...these decisions do not prevent personalized advertising on our platform. The decisions relate only to which legal basis Meta uses when offering certain advertising.” https://about.fb.com/...
  • @martinsfp @martinsfp on x
    Yowza: Meta's ad practices ruled illegal under E.U. law. β€œIt could result in Meta allowing users to choose whether they want their data used for such targeted promotions.” Apple has shown us how that approach ends up! https://www.nytimes.com/...
  • @maxschrems @maxschrems on x
    ..this really means is that the DPC and Meta control the media narrative of what the decision says or does not say as we can't read or publish it. We all know that the EDPB f*cked the DPC another time in this case and @NOYBeu won it, but by withholding the details of the case..
  • @estelmp Estelle M. on x
    Taking the EDPB to court would be an unprecedented move by the Irish DPC. The enforcement mechanism of the GDPR is based on cooperation, which of course may involve disagreements, but this suggest a deeper fracture. https://twitter.com/...
  • @jason_kint Jason Kint on x
    In fact, I would call this decision against Facebook the second *nuclear strike on Facebook's core business model of surveillance capitalism. Yes, Apple's rollout of iOS 14.5 was the first strike. *I chose this term as adtech lobby used it a decade ago to thwart privacy changes.
  • @gabrielazanfir Dr. Gabriela Zanfir-Fortuna on x
    In the DPC's words β€œit is not open to the EDPB to instruct and direct an authority to engage in open-ended and speculative investigation” πŸ’£ β€œthe direction is problematic in jurisdictional terms”; β€œthe DPC is considering an action for annulment at the CJEU” 18/
  • @gabrielazanfir Dr. Gabriela Zanfir-Fortuna on x
    The final Irish DPC decision in these two cases had to include the findings of the EDPB. Therefore, a breach of Art 6 was also found. Plus, the EDPB directed the DPC to start an investigation into the use of sensitive data across Facebook and Instagram. And here comes a bomb 17/
  • @jesselehrich Jesse Lehrich on x
    the implications of this landmark are massive & not just for @meta. it affirms - for the first time - that terms of service requiring users to allow their data to be used for ad targeting violates GDPR. https://twitter.com/...
  • @01core_ben Ben Buchanan on x
    EU trying its hardest to chase tech talent and innovation out of the block. They're succeeding. https://twitter.com/...
  • @privacymatters @privacymatters on x
    Hmm. The decision does not mandate consent but it clearly prevents β€˜contract’ as a legal basis for behavioural advertising. So practically that leaves β€˜consent’ as the only viable option unless Meta believes β€˜legitimate interests’ will fly (cough). πŸ‘€ https://twitter.com/...
  • @jason_kint Jason Kint on x
    Stone is spinning y'all. Yes, they'll appeal but 1) they went out on a limb where even Google wouldn't go so don't bet on a win, 2) EU's DMA and German cartel office also forcing this FB change, 3) consumers expect this. 2/3
  • @title9jen Jen on x
    It will be nice to stop hearing β€œbut Facebook and Insta do it” from my Data Analytics teams. #inhousetwitter #privacy https://twitter.com/...
  • @tamaleaver @tamaleaver on x
    This is *huge*. If Meta are no longer able to hide β€˜consent’ to use personal data for advertising in their Terms of Use in the EU, huge swathes of users could opt out, disrupting Meta's main business model. Meta's Ad Practices Ruled Illegal Under E.U. Law https://www.nytimes.com/…
  • @maxschrems @maxschrems on x
    Fun fact: The same @DPCIreland that is publicly saying this decision it issued is wrong now also has to β€œdefend” the decision when @Meta appeals it. I have the slight feeling we will have a major role in this case as @NOYBeu with a lot of costs -> https://noyb.eu/... https://twit…
  • @carlszabo Carl Szabo on x
    Because of interest-based ads, small businesses enjoy not only historically low-cost ads, but also more effective ads. If this lifeline for small businesses disappears, EU citizens will be the victims.
  • @robertjbateman Robert Bateman on x
    A fight is underway! Very interesting paragraph at the bottom of the DPC press release The EDPB told the DPC to bring a new investigation into the processing of special category data across Meta The DPC considers this overreach and will appeal against the order at the CJEU https:…
  • @alexgibneyfilm Alex Gibney on x
    this is a hugely important ruling: https://www.nytimes.com/...
  • @libertyrpf @libertyrpf on x
    I wonder how much of the EU's budget is financed by fines on US Big Tech πŸ€”
  • @ka_iwanska @ka_iwanska on x
    They'll appeal the decision and then, when they inevitably lose again, will either come up with legitimate interest or some sort of fake consent to buy a few more years... I wonder what if max. GDPR fines were 20-30% of turnover (in the whole infringement period), rather than 4%.…
  • @jason_kint Jason Kint on x
    And sure Facebook may still be able to get permission to target on its own apps but 1) they may not be able to use any data derived from elsewhere, 2) they may need to delete everything retroactively, 3) regulator reports show FB gets most of its data from 3rd parties. Ouch. 3/3
  • @maxschrems @maxschrems on x
    Good thing she [Helen Dixon] got a legal degree (#not) and was involved in the GDPR negotiations to tell everyone else that she is right and the others all misunderstand the #GDPR. Not the first time this accusation flies from Dublin to Brussels... πŸ˜‰
  • @psantloki Prasant Lokinendi on x
    The war on personalized ads continues - at this rate, I'm not sure how any DTC small business can start up without any efficient ways to acquire first time customers https://twitter.com/...
  • @nytimesbusiness @nytimesbusiness on x
    The judgment puts 5 to 7 percent of Meta's overall advertising revenue at risk, said Dan Ives, an analyst at Wedbush Securities. β€œThis could be a major gut punch,” he said. https://www.nytimes.com/...
  • @robertjbateman Robert Bateman on x
    β€œThe EDPB does not have a general supervision role akin to national courts in respect of national independent authorities and it is not open to the EDPB to instruct and direct an authority to engage in open-ended and speculative investigation.” Pretty strong language here.
  • @andymstone Andy Stone on x
    @NicholasVinocur @vmanancourt 4. There is a lack of regulatory certainty in this area and the debate around legal bases related to personalized ads has been ongoing for some time. 5. To wit: the DPC made quite clear its belief that β€œGDPR did not preclude Meta Ireland's reliance o…
  • @charlesarthur Charles Arthur on x
    Big decision effectively making a version of Apple's Ad Tracking Transparency system ("do you want to be tracked yes/no") a default requirement for Facebook/Meta on all platforms in Europe. Can't circumvent GDPR by putting a clause in the interminable T+Cs. https://twitter.com/..…
  • @senmarkey Ed Markey on x
    Big Tech's monetization and manipulation isn't some sort of glitch in the system. It is the system. And it's disgusting. https://www.wsj.com/...
  • @maxschrems Max Schrems on x
    So @DPCireland is now accusing the @EU_EDPB of β€œrewriting the #GDPR” and for it being β€œpushed by privacy activists”. False and evil narrative, when the relevant EDPB Guidelines 1/2009 were decided β€œeveryone against the DPC” without any knowledge or involvement of any β€œactivist”. …
  • @eric_seufert Eric Seufert on x
    This is a very, very impactful decision: I interpret this as meaning that Meta must receive explicit consent from users to personalize ads using *first-party* data. This will fundamentally alter the company's operating model in the EU. https://www.nytimes.com/...