Introduction
In November 2023, Meta introduced a subscription policy for processing data for personalized advertisements in the EU, the European Economic Area and Switzerland. Accordingly, the options offered by Meta, known as the ‘pay or okay’ model, has (i) a paid version (monthly €9.99 on web or €12.99 on mobile applications) of Meta services with no ads, guaranteeing that users’ personal data is not processed for advertising purposes; or (ii) a free of charge version, which requires users to “consent” to the processing of their personal data for advertising purposes.
Part I of this paper addressed concerns raised by Meta’s ‘pay or okay’ model regarding personal data protection laws. This second part will examine concerns surrounding Meta’s ‘pay or okay’ policy focusing on potential abuse of Meta’s dominant position and its compliance with the Digital Markets Act (DMA). Additionally, it will explain the arguments raised against Meta’s new policy under consumer and unfair competition laws. The considerations in these areas are crucial both independently and in connection with data protection rules.
