The CJEU ruling on the use of personal data by Meta and GAFAM could well represent a major opportunity for the press sector. For years, the major digital platforms have captured the bulk of online advertising revenues, depriving the traditional press of its sources of funding. But with the new restrictions imposed by the CJEU on targeted advertising, the situation could change.
The CJEU ruling calls this practice deeply into question, notably through the strict application of the principle of data minimization. From now on, only strictly necessary data may be collected, and its use must be limited in time and scope. This means that even with users' consent, Meta will no longer be able to indefinitely exploit information collected over the years. The immediate consequence for the GAFAMs is the loss of a key resource that enabled them to personalize their advertising to the maximum, thereby increasing its value. This regulation confronts them with a dilemma: how can they continue to offer free services to users without gaining access to the goldmine represented by their personal data?
This ruling imposes a transparency and data limitation obligation on GAFAM. Gone are the practices where user information was stored for years without any real control. Digital companies will have to put in place clear protocols for the gradual deletion of unnecessary data and cease using it for advertising purposes, on pain of sanctions.
For users, this decision represents an undeniable victory. For years, the massive and sometimes opaque collection of data by GAFAMs had raised concerns about privacy protection. The strict application of the principle of minimization gives them back control over their personal information.
From now on, even with consent, users will see their data exploited less and for a shorter period. In addition, the CJEU has confirmed that making certain information public, for example via posts on social networks, does not authorize platforms to exploit it indefinitely for other uses, notably commercial.
This decision reinforces citizens' confidence in the application of the RGPD, and encourages them to fully exercise their rights, such as rectifying, deleting or limiting the processing of their data.
This decision could set a precedent outside Europe, where similar legislation could see the light of day, challenging GAFAM's universal model based on limitless data exploitation.
