Facebook Bows to EU: Will Explain It Makes Money From User Data
The social media giant also made other changes to its terms of service, including a clarification that it can be held liable for misuse of data when it “has not acted with due professional diligence.” All of the changes will apply globally.
April 10, 2019 at 03:18 PM
4 minute read
Bowing to pressure from the European Union, Facebook has agreed to change its terms of service so they are no longer what the bloc had called “misleading.”
“Today Facebook finally shows commitment to more transparency and straightforward language in its terms of use,” Vera Jourová, the European Commissioner for Justice and Consumers, said in a statement on Tuesday, when the announcement was made.
The move is an example of the increasing influence the EU and other governments are exerting on tech companies and social media platforms. The changes, which will take effect in June, will apply globally.
Following revelations that Cambridge Analytica, a U.K. consulting company, had used Facebook users' data for political advertising without their consent, the Commission and European consumer organizations called on Facebook to improve transparency of its operations.
As a result, Facebook will change its Terms and Services to explain that it does not charge users for its service, but it makes money by using personal data to sell targeted advertising. It also has agreed to clarify that it can be held liable for misuse of such data when it “has not acted with due professional diligence.” This includes cases in which data has been mishandled by third parties.
In addition, Facebook said that instead of being able to unilaterally change terms and conditions in the future, its ability to make such changes is limited to cases in which the changes are deemed reasonable and also take into account consumer interests.
The social media platform also revised its rules on the temporary retention of content that has been deleted by consumers. Such content can only be retained in specific cases—for instance, to comply with an enforcement request by an authority—and for a maximum of 90 days in case of technical reasons.
“A company that wants to restore consumers trust after the Facebook/Cambridge Analytica scandal should not hide behind complicated, legalistic jargon on how it is making billions on people's data,” Jourova said. “Now, users will clearly understand that their data is used by the social network to sell targeted ads.”
The Commission and the EU's Consumer Protection Cooperation network will closely monitor the implementation of the new terms of service, and if Facebook is found to have failed to fulfill its commitments, national consumer authorities could decide to resort to enforcement measures, including sanctions.
Facebook and other social media platforms have faced increased scrutiny from governments around the world, with some passing laws that could have a large impact on the tech giants.
Just this month, Australia passed a law that allows huge fines to be imposed on social media companies and even jail time for their executives if they fail to rapidly remove “abhorrent violent material” from their platforms. That law was passed in the wake of the massacre of 50 people in New Zealand by an Australian white supremacist who used Facebook to live-stream the murders.
New Zealand, where the nation's privacy commissioner called Facebook “morally bankrupt,” is considering a similar law. The U.K. is also considering the creation of an independent regulator to make social media companies more responsible.
The EU has also taken other actions: It has imposed big fines on tech firms for violating its sweeping privacy law, known as the GDPR. And it recently changed its copyright law, requiring companies to filter content for copyright violations.
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