The legal proceedings against Meta starts in Madrid with the Association of Information Media (AMI) leading a lawsuit that brings together 83 Spanish newspapers. The hearing is being held in the Commercial Courts after months of preparations and with the media industry closely monitoring the outcome and other matters. privacy lawsuits.
The initiative comes after the preliminary hearing in November there would be no agreement between the parties. Since then, the positions have remained firm, and the case is moving toward the trial phase, with one main focus: Meta's advertising model and its compliance with European data protection regulations.
What is judged and what is claimed
AMI demands compensation from Meta more than 550 million euros for damages. The association claims that, between May 25, 2018, and July 31, 2023, the company allegedly exploited the personal data of millions of users in Europe for its targeted advertising without complying with legal requirements.
The lawsuit alleges that the technology company's advertising business — which owns Facebook, Instagram and WhatsApp — would have relied on the collection and profiling of browsing information, without a valid authorization, with a direct impact on competition for advertising investment.
AMI's argument
Community legislation requires the availability of a legitimate basis for data processing for segmentation purposes. AMI claims that Meta repeatedly ignored this requirement, something it believes is reflected in various resolutions by European data protection authorities.
Furthermore, the association defends that 100% of the income of Meta's targeted advertising during the period indicated was generated from the massive and unauthorized use of browsing data. This pattern would have diverted advertisers' budget to the platform, consolidating a unfair competitive advantage and undermining the economic sustainability of the media.
Meta's position
At the preliminary hearing, the company argued that it does not have a competitive advantage over the publishers who are suing it, and questioned the amount and the basis for the compensation sought. Meta maintains that it complies with European regulations and that its advertising practices do not cause the alleged harm.
During the trial, both sides are expected to present documentary and testimonial evidence, with sessions that could extend over several days. The company reaffirms its defense of the legality of its segmentation systems and data processing under the European framework, something that AMI vehemently disputes. in the procedure.
European context and direction of the process
The case is framed in a continental scenario of greater scrutiny to the major platforms. In France, a similar front brings together 67 media companies representing 200 media outlets, filing lawsuits against Meta for similar practices in the digital advertising market.
The technical direction of the litigation corresponds to the office of the Professor of Procedural Law Nicolás González-CuéllarThe hearing is being held in the Commercial Court of Madrid, a key forum for assessing the platform's potential overreach in its use of data and its effects on competition in the advertising sector.
Potential impact for the sector and advertisers
The resolution could mark a relevant precedent in Spain and have an impact in other European countries, by defining the scope of advertising profiling and its relationship with data protection. The sector's interest is high, both from a regulatory and financial perspective.
In parallel, AMI has reiterated a call to the public and private advertisers to prioritize safe and respectful information environments for users' rights, with the aim of strengthening the viability of journalism and democratic quality.
With the trial already underway, all eyes are on what the judges determine regarding the alleged legal basis for the data processing, the possible diversion of advertising investment and the damage to the editors; a ruling that could redefine the balance between large platforms and media, as well as the weight of the segmented advertising in the European digital ecosystem.
