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Letter: 28 civil rights organizations, like Ekō and noyb, urge the EDPB to reject Meta's approach of asking EU users to pay or consent to being tracked for ads

A coalition of more than two dozen digital and democratic rights groups, NGOs and not-for-profits, including noyb and Wikimedia Europe

TechCrunch Natasha Lomas

Context & Ripple Effects

The intervention extends a widening challenge to Meta’s EU subscription-and-consent design. It follows a consumer complaint over the €9.99-plus subscription tier and precedes related complaints brought to national data-protection authorities.

The dispute has moved beyond advocacy groups: MEPs later called on Meta to abandon the model, raising the stakes for an EDPB view that could shape how GDPR consent is operationalized across the bloc.

First-order effects

  • The EDPB faces coordinated pressure to assess whether Meta’s choice between payment and ad-tracking consent can deliver freely given consent under GDPR principles.
  • Meta’s EU privacy monetization model is placed under greater regulatory and public scrutiny, while users remain presented with the contested choice.

Second-order effects

  • A critical EDPB position would reinforce the parallel national complaints and increase pressure on Meta to alter its EU user flows or subscription terms.
  • Other ad-funded platforms weighing paid privacy alternatives would have less room to treat payment as a straightforward substitute for consent.

Third-order effects

  • The outcome could become a test of whether consent can be bundled with access pricing in dominant digital services, rather than merely a ruling on one company’s interface.
  • If regulators reject such designs, EU platforms may need to separate privacy choices more clearly from paid access, accelerating the broader challenge to surveillance-based advertising.

The trend: European privacy enforcement is increasingly testing whether platform consent interfaces offer a real choice when tracking is tied to service access or payment.

Discussion

  • @apti@mastodon.online ApTi on mastodon
    We've signed an open letter alongside @noybeu and 26 other NOGs, notifying the Data Protection Authorities in the EU of the critical EDPB decision ahead.  —  In Nov '23, Meta adopted “Pay or Okay”.  Users have been forced to either pay a ‘privacy fee’ (€ 251.88 per year) or agree…