Türkiye’s competition watchdog on Wednesday said it had decided to impose a fine of TL 4.8 million ($160,165) per day on Meta Platforms effective from Dec. 12, 2023, as it failed to fulfill its obligations regarding user data collection.
The Competition Authority (RK) investigated the mandatory data sharing introduced to WhatsApp users with a software update in 2021, according to an Anadolu Agency (AA) report. It issued a temporary measure requiring Meta in Türkiye to cease using the messaging app users' data in other services and inform all users about the data use.
Meta had previously stated that this update would not take effect in Türkiye, and all users, including those who had already approved the updated version, could continue using WhatsApp with full functionality. In this context, users in the country were not supposed to receive notifications requesting their approval for this update.
As a result of the investigation, a fine of TL 346 million was imposed on Meta, and it was determined that the company violated the Law on Protection of Competition through data consolidation.
It was found that by merging the data collected from Facebook, Instagram and WhatsApp services, Meta hindered the activities of its competitors in social network services and online video advertising markets and created barriers to market entry.
Additionally, obligations were imposed on Meta to remedy the violation and establish effective competition in the market. The company was required to report to the authorities the measures it would take to end the violation by Dec. 9, 2023.
Before implementing the compliance measure, the authority instructed Meta to obtain reapproval from users who had previously approved consolidating their data between Facebook, Instagram and WhatsApp services.
The authority demanded that Meta use a pop-up screen that doesn't direct users to the approval screen and instead to a screen that includes information assuring users who reject it can continue using the application, as well as providing the same convenience to users reluctant to give their approval.
The final proposals submitted by Meta to the authority were deemed insufficient. The notification screen proposed by the company for presenting user choices regarding the data consolidation between its services was not considered transparent enough, did not adequately inform users and was not designed to guide users toward approving data consolidation.
Accordingly, the authority requested the company propose a new solution to address its concerns. The deadline for Meta to submit the "Final Compliance Solution" to the authority, as part of the obligations imposed from its side, passed without a submission as of Dec. 11, 2023.
As a result, the authority decided to impose an administrative fine of almost TL 4.8 million for each day from Dec. 12, 2023, until the "Final Compliance Solution" of Meta's economic integrity, consisting of Meta Platforms, Inc., Meta Platforms Ireland Limited and WhatsApp LLC, is entered into the records of the RK.
As of Wednesday, the fine exceeded TL 140 million and is set to continue to increase further.
Meanwhile, regarding similar obligations introduced by the Digital Markets Act in the European Union, it has yet to be determined how a regulation between Meta and the European Commission will be implemented. The solution proposal that the company will present to Türkiye is important in this context.
