European Commission

As competition authorities for the European Union, the United Kingdom and the United States of America, we share a commitment to the interests of our people and economies. Guided by our respective laws, we will work to ensure effective competition and the fair and honest treatment of consumers and businesses.

The Consumer Protection Cooperation (CPC) Network sent a letter following concerns that Meta's ‘pay or consent' model might breach European Union consumer law. The European Commission coordinated this action which is led by the French Directorate General for Competition, Consumer Affairs and Fraud Prevention.

The European Commission has informed Meta of its preliminary findings that its “pay or consent” advertising model fails to comply with the Digital Markets Act (DMA). In the Commission's preliminary view, this binary choice forces users to consent to the combination of their personal data and fails to provide them a less personalised but equivalent version of Meta's social networks. The Commission takes the preliminary view that Meta's “pay or consent” advertising model is not compliant with the DMA as it does not meet the necessary requirements set out under Article 5(2).

The European Commission has opened formal proceedings to assess whether Meta, the provider of Facebook and Instagram, may have breached the Digital Services Act (DSA). The suspected infringements cover Meta's policies and practices relating to deceptive advertising and political content on its services.