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EU: EDPB releases urgent binding decision on Meta

On December 7, 2023, the European Data Protection Board (EDPB) announced the publication of its Urgent Binding Decision 1/2023 relating to the processing of personal data by Meta Platforms Ireland Limited (Meta) for behavioral advertising based on contract and legitimate interest across the EEA. Following the request received on September 26, 2023, from the Norwegian data protection authority (Datatilsynet), the EDPB found that there were ongoing infringements of Article 6(1) of the General Data Protection Regulation (GDPR) leading to an urgent need to act in light of the risks to the rights and freedoms of the data subjects. Specifically, the EDPB determined that Meta's use of the legal bases of contract and legitimate interest for the processing of personal data collected for the purpose of behavioral advertising was inappropriate. In addition, the EDPB determined that Meta was infringing its duty to comply with the Data Protection Commission's (DPC) final decisions of December 2022. 

Moreover, according to the EDPB, the regular cooperation mechanisms could not be applied due to the risk of serious harm caused to data subjects without the adoption of final measures. In addition, the EDPB pointed out that the DPC had failed to address a request for mutual assistance from the Datatilsynet within the time frame set out in the GDPR, noting that the presumption of urgency set by Article 61(8) of the GDPR applies as a result. Lastly, the EDPB confirmed that the DPC adopted its final decision on November 10, 2023. However, please note that the DPC decision has not yet been published.

You can read the press release here and the binding decision here.

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