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Facebook and Instagram’s “pay or consent” ad model violates the DMA, says the EU (www.theverge.com)

submitted 4 months ago by neme@lemm.ee to c/technology@lemmy.world

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[–] dojan@lemmy.world 27 points 4 months ago (10 children)

I believe you’re allowed to run ads on free tiers and offer to remove them by paying. You’re not however allowed to track people without their consent, thus you can’t force personalised ads on users, and say that the only way to get rid of the privacy invasion is to pony up.

[–] NoRodent@lemmy.world 13 points 4 months ago* (last edited 4 months ago) (9 children)

The biggest Czech website (Seznam.cz) recently changed their policy and now force you to choose between: free tier with personalised ads or paid tier with anonymous ads. Yes, you're reading it right, even if you pay, it doesn't get rid of ads, they just stop tracking you. I have no idea whether it's legal but the EU should definitely take a look.

Edit: Ok, I think they only offer you this choice when you're using an account. I tried it in a private tab and it seems I can decline personalized ads there. Does that make it legal? If yes, then they're some sneaky bastards.

[–] tja@sh.itjust.works 3 points 4 months ago (5 children)

IANAL, but: Gdpr only says that they cannot require you to sell your data to use a service. It does not say anything about paying with money. So this seems legal to me

[–] maynarkh@feddit.nl 3 points 4 months ago (1 children)

The case is basically that having a non-tracking paid tier makes no difference, the free tier if it exists can't include mandatory tracking.

So they can offer a paid tier with no tracking, but they must also offer no tracking on the free tier.

[–] tja@sh.itjust.works 1 points 4 months ago

That's correct. But this is only the case because of the DMA, mit the Gdpr

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