EU’s ruling against Facebook a big blow to first-party data usage

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Facebook and different tech giants volition beryllium hard-pressed to monetize their first-party information successful the European Union, pursuing a ruling yesterday by the EU’s apical tribunal that changeable down Facebook’s “legitimate interest” statement for personalized ads. 

What it means. The ruling is simply a changeable crossed the bow for galore large tech businesses, says Tim Parkin, president of Parkin Consulting. 

“It’s easier to deed a bigger people and that’s precisely what the regulators are trying to do,” helium says. “If they tin halt (or dilatory down) Meta, they tin forestall the remainder of large tech from causing the aforesaid issues.”

Parkin believes this and different EU actions volition enactment an extremity to the existent integer selling paradigm.

“The bigger interest for each of large tech is that the information privateness and extortion warfare is heating up,” helium says. “The concern exemplary of making the lawsuit the merchandise was erstwhile viable and is present threatened. We’ll proceed to spot large tech instrumentality a measurement towards paid subscriptions and distant from ad-supported platforms.”

What happened. In 2019, Facebook genitor Meta sued German regulators who ordered the societal media elephantine to halt collecting users’ information without their consent. They said that not lone was Facebook violating the EU’s GDPR, but that its dominance successful societal media made this an antitrust contented arsenic well.

Dig deeper: EU fines Facebook $1.3 cardinal for privateness violations

The decision. The ruling says users’ privateness involvement overrides the “legitimate interest” statement of Facebook to personalize ads. It said that adjacent though Facebook is escaped to users, “the idiosyncratic of that web cannot reasonably expect” that it volition usage ample volumes of information to personalize ads “without his oregon her consent.”

The determination shouldn’t person amazed anyone, says Gartner’s Matt Moorut.

“The European Union has been warring for greater extortion of consumers’ information for years, truthful the ruling, portion a astonishment successful the timing, isn’t a monolithic astonishment successful presumption of its existence,” says Moorut, manager expert successful the Gartner Marketing Practice. “GDPR established opt-ins for usage of information for email by default years ago, truthful this is simply a continuation of the principles already codified successful law.”

What’s next. While the ruling lone applies to Germany, a caller integer contention instrumentality volition soon enforce akin rules crossed the EU. Starting successful March of adjacent year, the Digital Markets Act requires services with astatine slightest 45 cardinal monthly progressive EU users to get idiosyncratic consent to

  • Process idiosyncratic idiosyncratic data, 
  • Combine it with information from different platforms 
  • Cross-use information from 1 work to another. 

Users who don’t consent indispensable inactive beryllium capable to usage the service.

Why we care. With the extremity of third-party cookies drafting nigh, first-party information has been touted arsenic the best, astir reliable root of user information. Now, successful the EU astatine least, there’s bully crushed to uncertainty that. 

Marketers don’t person to interest astir this happening successful the U.S., which has yet to enact adjacent much basal nationalist privateness protections. Even so, it volition further complicate information postulation and usage present for companies doing concern successful the EU. 


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