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Antitrust challenge to Facebook’s ‘superprofiling’ finally wraps in Germany — with Meta agreeing to data limits


A multi-year competition challenge to Facebook (aka Meta), which saw Germany's antitrust authority become a pioneering champion for privacy rights in 2019

Just look at how Meta’s current offer to users in the European Union — since November 2023 — demands their consent to ad tracking or else people must pay it a monthly fee to access social networks that the company used to advertise under slogans such as “Facebook is free and always will be”. Ironically, Meta responded by switching from claiming a legitimate interest in this personal data processing to implementing a consent flow that demands users agree to be tracked or else pay it for an ad-free version of the service. “The European Commission… now has the power to take action against combining data across different services of so-called gatekeepers if users have not given their valid consent; this is set out in Article 5(2) of the Digital Markets Act (DMA), which draws on the issues underlying the Bundeskartellamt’s Facebook decision,” the FCO observes in its press release.

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