Meta Extends Olive Branch to EU Users for Targeted Ads Consent Amid Ongoing Legal Struggle

In a bid to quell the flames of a protracted legal battle, Meta has made a conciliatory move by offering European users the opportunity to grant explicit permission for the display of tailored advertisements on their Facebook and Instagram feeds.

Sources indicate that users could soon encounter an updated consent policy, aimed at securing their approval before harvesting data to fuel personalised advertising endeavours. This would encompass a spectrum of data, ranging from an individual's preferences for videos and posts to the content they actively share, as per reports from reputable sources such as the Wall Street Journal and Reuters.

The Information Commissioner’s Office (ICO) in the UK has affirmed its vigilant stance on the ongoing tussle between Meta and European regulatory bodies. The ICO's spotlight on this matter underscores the significance of the conflict between the tech behemoth and EU authorities.

Earlier this year, Meta bore the brunt of a €390 million (approximately £335 million) fine imposed by Ireland's Data Protection Commissioner, the primary privacy watchdog for the European Union. The fine was meted out in response to concerns regarding Meta's data collection practices for targeted advertising. The company was subsequently directed to align its procedures with EU statutes.

Further dialogues with the Irish Data Protection Commissioner prompted Meta's strategic proposition, detailed in a blog post. However, the post mysteriously vanished from online platforms within a day of its appearance.

Outlined in the enigmatic blog post was Meta's declaration to alter the legal underpinning governing the processing of specific data for behavioural advertising. The company plans to shift from relying on ‘Legitimate Interests; to explicitly securing user ‘Consent’ for these activities within the EU, European Economic Area (EEA), and Switzerland. Meta asserted in a blog post, ‘There is no immediate impact to our services in the region. Once this change is in place, advertisers will still be able to run personalised advertising campaigns to reach potential customers and grow their businesses. We have factored this change into our business outlook.’

The same post cautioned about the potential complexities of seeking user consent and projected a timeline of at least three months for implementing any changes on the Facebook and Instagram platforms.

The ICO's Executive Director of Regulatory Risk, Stephen Almond, underscored this potential carryover: ‘We’re aware of Meta’s plans to seek consent from users for behavioural advertising in the EU, to the exclusion of the UK. This follows related findings by the Court of Justice of the European Union, Irish Data Protection Commission, and Norwegian Data Protection Authority. We are assessing what this means for information rights of people in the UK and considering an appropriate response.’

In our opinion this highlights how aligned the ICO remains aligned to the EU regulatory stance, which we welcome rather than finding the UK in an isolated or disadvantaged position compared with our European neighbours.

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