Is Meta following dark pattern tactic towards full data-tracking consent?

Meta Platforms, the parent company of Facebook and Instagram, will offer European users the option to receive “less personalized ads” in response to EU regulatory demands. The digital platform will allow users to see ads based on contextual content, age, gender, and location instead of using detailed personal data, with some ads remaining briefly unskippable.

Meta Quest Pro VR headset
Meta Quest Pro VR headset

Additionally, Meta plans to cut the cost of ad-free subscriptions for European users by about 40 percent. This shift comes as EU regulators, particularly under the Digital Markets Act (DMA), increase scrutiny on Big Tech to foster a fairer digital market.

The EU’s privacy watchdog welcomed Meta’s steps toward more privacy-focused ad options, though the European Commission maintains that Meta is solely responsible for these changes and aims for full regulatory compliance, Reuters news report said.

Meta’s latest approach to ads in the EU, “less personalized” ads with data like location and birthdate used without explicit consent, signals another potential “dark pattern” tactic aimed at pushing users towards full data-tracking consent. Instead of a simple opt-in or opt-out, Meta will provide full-screen, unskippable ads, using a format known to annoy users into giving up more data to avoid a disrupted experience.

This new “consent fatigue” strategy has already sparked criticism. Privacy advocates, such as Max Schrems from noyb, argue that it goes against GDPR’s user rights, suggesting Meta is sidestepping regulations by making a “less illegal” option available. By making the alternative to full data tracking irritating, Meta may effectively coerce users into choosing full consent.

Regulatory bodies like the European Data Protection Board (EDPB) and Ireland’s Data Protection Commission (DPC) have seen previous Meta attempts fall short of compliance, including costly subscription-based opt-outs or unclear legitimate interest claims. As legal battles continue, Meta’s “cat-and-mouse” game with regulators reveals ongoing tension over data protection law enforcement in Europe.

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