What does the Norwegian Data Protection Authority's temporary ban on behavior-based advertising on Facebook and Instagram mean?

On 17 July 2023, the Norwegian Data Protection Authority banned Meta (Facebook and Instagram) from behaviour-based advertising based on monitoring and profiling of users in Norway. The ban will be from 4 August, continuing for three months until Meta complies with the law.

In case of non-compliance, Meta risks a fine of up to one million NOK per day. The Norwegian Data Protection Authority's decision only applies to users in Norway.

Many Norwegians use social media - Ipsos shows that 82% of adults have Facebook and 65% have Instagram, and there are many businesses that use these platforms to expose Norwegians to advertisements.

Background on the decision

In December, the Irish Data Protection Authority decided that Meta has carried out illegal behaviour-based advertising. Since then, Meta has made changes, but following a new decision from the EU Court of Justice, the Norwegian Data Protection Authority has chosen to introduce a temporary ban.

The platforms can still operate in Norway

For the time being, Meta has said in a comment to NRK that they believe they are acting in line with the European Privacy Act.

- We will assess the Norwegian Data Protection Authority's requirements. But this will not have an immediate impact on our business. That's what Matthew Pollard, spokesman for Meta, writes in an e-mail to NRK.

- The Danish Data Protection Authority's decision does not ban Facebook or Instagram in Norway, but ensures that users can use these services in a safe way, says Tobias Judin in the Danish Data Protection Authority.

All business models must respect privacy. Users must have sufficient control over their own data, and tracking must be limited, says Judin.

What does this mean in practice?

For now, this does not mean anything for advertisers on Meta's platforms. But it is clear that the Data Protection Authority in Norway as well as in other European countries pursues an aggressive privacy policy to ensure that users have control over their own data. We will continue to monitor this closely going forward.

PS! Did you know that we can help with ads that do not use this type of data? Contact us for a meeting about the possibilities around this! 

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