The European Commission has informed Meta that, based on preliminary findings, its subscription model, which requires European Facebook and Instagram users to either provide personal data to access the platform or pay to retain privacy, violates the Digital Markets Act (DMA).

In November, Meta introduced a subscription option for the European Union (EU), the European Economic Area, and Switzerland.

People paying the subscription could use Facebook or Instagram without any ads. “While people are subscribed, their information will not be used for ads,” the company said in an Oct. 30, 2023, press release. For users who choose the free option, Meta collects their personal information to deliver targeted ads.

The European Commission, the executive branch of the EU, said on July 1 that this “pay or consent” ad model fails to comply with the DMA.

The commission suggested that Meta should come up with a different option for users who do not wish to subscribe.

“To ensure compliance with the DMA, users who do not consent should still get access to an equivalent service which uses less of their personal data, in this case for the personalization of advertising,” the commission said.


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