Televisions and radios, belonging to the Open Commercial Televisions (UTECA) and the Spanish Commercial Radio Association (AERC), have jointly sued Meta (Facebook and Instagram) for “unfair competition” and have claimed more than 160 million euros.
This was announced this Monday in a statement by UTECA and AERC, in which they detailed that the demand was made by all of the television stations and advertising companies of Atresmedia, Mediaset España and TRECEalong with the radio groups led by Cadena SER, COPE, Onda Cero and RAC1.
Specifically, they have reported that the lawsuit indicates that the “continued non-compliance” with the European Data Protection Regulation (REPD), “at least between May 25, 2018, the date of its entry into force, until October 31 of 2023, as well as the resolutions issued by the competent European authorities, has allowed the North American company that owns Facebook and Instagram to obtain an illicit competitive advantage over plaintiffs in the segmented and personalized online advertising market.
Through their legal action, the television and radio stations join the claim initiated by the lawsuit filed in December 2023 against META by press media grouped in the Information Media Association (AMI). «As a consequence of the massive non-compliance with the regulations and the different resolutions of the European authorities on the matter, META has illegally acquired a competitive advantage unfair that has allowed it to increase its market share in a key advertising modality in the online advertising ecosystem,” they stressed.
Economic damage of more than 160 million
«So much so that if, as required by European data protection regulations since May 25, 2018, Instagram and Facebook had obtained the prior consent of citizens for their advertising profiling, their database and their corresponding ability to offer personalized and segmented advertising would have been significantly reduced,” they explained. The lawsuit sets the economic damage at more than 160 million euros, as of the date of filing the lawsuit, corresponding to the amount not paid by the plaintiffs due to the actions carried out by META.
The plaintiffs have added that they reserve the possibility of extending the period that is the subject of the lawsuit, once the European data protection authorities confirm whether META, “as announced, is legally collecting user consent since November.” 2023». The lawsuit has been presented by the office directed by the lawyer and professor of Procedural Law at the UCLM Nicolás González-Cuéllar.
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