Facebook-parent Meta is “very unlikely” to offer additional changes to its consent-or-pay policy in Europe, meaning it is likely to face hefty new fines from the European Commission, sources with direct knowledge of the matter told Reuters on Friday.
Meta has been locked in a battle with the Commission since 2023 over the policy, which requires users of Facebook and Instagram either to consent to allowing their personal data to be used for targeting advertising, or pay for an ad-free experience. Meta tweaked the model in November 2024 after the Commission found it violated the Digital Markets Act.
In April, the Commission announced a €200 million ($234 million) fine over the DMA violations up through November but held off imposing the charge pending a 60-day review of the changes made last year. If still found in violation, Meta could face escalating new fines up to 5% of its average daily turnover.
Following the 60-day deadline, the Commission said it, “cannot confirm at this stage if these are sufficient to comply with the main parameters of compliance outlined in its non-compliance Decision. With this in mind, we will consider the next steps, including recalling that continuous non-compliance could entail the application of periodic penalty payments.”
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According to Reuters’ sources, Meta is sticking to its position that the current model complies with the law and that further changes are unlikely “unless circumstances change.” Meta declined to comment on Friday, Reuters reports, directing the news agency to its previous comments on the Commission’s actions.
In a statement issued in June, Meta said, “The European Commission continues to discriminate against an American company’s business model that is linked to €213 billion in economic activity and supports 1.44 million jobs across the EU. A user choice between a subscription for no ads service or a free ad supported service remains a legitimate business model for every company in Europe – except Meta.”
Separately, the Commission imposed a €500 million ($585 million) penalty on Apple over App Store policies it said violate the DMA. Apple made changes to the policy that requires developers to route subscription and in-app purchases through Apple’s payment system to meet the Commission’s June 27th deadline to avoid the fine. It has since sued the Commission over the fine in the European Union’s General Court in Luxembourg.
