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    1. Home
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    3. >Austria's top court rules Meta's ad model illegal, orders overhaul of user data practices in EU
    Finance

    Austria's Top Court Rules Meta's Ad Model Illegal, Orders Overhaul of User Data Practices in EU

    Published by Global Banking & Finance Review®

    Posted on December 18, 2025

    3 min read

    Last updated: January 20, 2026

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    Tags:complianceGDPRprivacy

    Quick Summary

    Austria's Supreme Court ruled Meta's ad model illegal, demanding a data practice overhaul across the EU, setting a GDPR precedent.

    Austrian Court Declares Meta's Ad Model Unlawful in EU

    By Leo ‌Marchandon

    Dec 18 (Reuters) - Austria's Supreme Court has ruled that Meta's personalized advertising model is unlawful and ordered ‍the ‌company to provide users across the European Union with complete access to their personal data within 14 ⁠days of any request, in a final and ‌directly enforceable decision that sets a binding legal precedent across the bloc.

    The ruling, made on Tuesday and publicised on Thursday, requires Meta to disclose not just raw data but comprehensive information about sources, recipients and purposes for each piece ⁠of information, rejecting all of Meta's trade secret claims.

    The court ruled that Meta illegally collected data from third-party apps and websites, processed ​sensitive information revealing political views, sexual orientation and health data alongside ‌other user data in violation of the EU's ⁠General Data Protection Regulation (GDPR), and pushed personalized content and advertisements without obtaining a "specific, informed, unambiguous and freely given" consent.

    The case was brought to court by Austrian privacy activist Max Schrems in 2014. It ​took 11 years to resolve and involved three Austrian Supreme Court decisions and two rulings by the EU Court of Justice (CJEU), the bloc's highest court, said Katharina Raabe-Stuppning, the lawyer representing Schrems.

    "It is enforceable throughout the EU by the plaintiff, meaning that, depending on the country of enforcement, non-compliance could ​result in ‍daily fines or even a prison ​sentence for the relevant decision-makers at Meta," privacy advocacy group None Of Your Business (noyb), which was founded by Schrems, told Reuters.

    The court ordered Meta to ensure sensitive data is not processed with other data, rejecting Meta's arguments that it does not intentionally collect such information or cannot technically separate it, and upheld a previous CJEU ruling that Meta cannot process Europeans' personal data for advertising.

    "Platforms like Facebook or Instagram have huge ⁠influence, for example via pushing political views on users," Schrems said. "The decision makes clear that Meta must not use such user preferences without explicit consent ​by each user."

    The court awarded Schrems 500 euros ($587) in damages for the GDPR violations, which noyb suggested almost any Meta user has experienced.

    "The 500 (euros) was a conservative figure chosen in 2014, long before the GDPR came into effect. The court was bound by this upper limit ‌on claims. You would likely get more today, even if not US-style damages," noyb said.

    Meta did not immediately respond to a request for comment.

    ($1 = 0.8519 euros)

    (Reporting by Leo Marchandon in Gdansk; Editing by Milla Nissi-Prussak)

    Key Takeaways

    • •Austria's Supreme Court rules Meta's ad model illegal.
    • •Meta must provide EU users complete data access.
    • •Court rejects Meta's trade secret claims.
    • •Meta fined for GDPR violations.
    • •Ruling enforceable across the EU.

    Frequently Asked Questions about Austria's top court rules Meta's ad model illegal, orders overhaul of user data practices in EU

    1What is GDPR?

    The General Data Protection Regulation (GDPR) is a comprehensive data protection law in the EU that governs how personal data is collected, processed, and stored, ensuring individuals' privacy rights.

    2What is user consent?

    User consent refers to the agreement obtained from individuals before collecting or processing their personal data, ensuring they are informed and voluntarily agree to the terms.

    3What is a privacy advocate?

    A privacy advocate is an individual or organization that promotes the protection of personal privacy rights and raises awareness about data protection issues.

    4What is a legal precedent?

    A legal precedent is a court decision that establishes a principle or rule that can be followed in future cases, influencing how laws are interpreted and applied.

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