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On October 27, 2023, the European Data Protection Board (“EDPB”) adopted an urgent binding decision instructing the Irish Data Protection Commissioner (the “Irish DPC”) to take final measures against Meta Ireland Limited (“Meta”) within two weeks and impose a ban on Meta’s processing of personal data for behavioral advertising based on the contractual necessity and legitimate interests legal bases. The ban would apply across the European Economic Area (“EEA”).

Ahead of the publication of the EDPB binding decision, Meta announced the rolling out in the EEA of a subscription model for an ad-free access to its Facebook and Instagram services. The Irish DPC, together with the concerned supervisory authorities, is currently evaluating this new consent approach.

The EDPB’s urgent binding decision will be published shortly.