The privacy group, Noyb, filed a complaint with the Austrian Data Protection Authority, claiming that Meta is in breach of the EU General Data Protection Regulation (GDPR) by giving users the choice to either consent to be tracked for personalised advertising or paying up to â¬250 a year to "preserve their data protection rights".
The case centres on whether Meta can legitimately claim to have obtained free consent from its customers to process their data, as required under GDPR, when the only alternative is for customers to pay a substantial fee to opt out of ad-tracking.
Meta denied that it was in breach of European data protection law, citing a European Court of Justice ruling in July 2023 which it said expressly recognised that a subscription model was a valid form of consent for an ad-funded service.
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