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Meta warns that it’s possible to shut down Facebook and Instagram in Europe

By Rajiv Menon
1 min read
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Meta, formerly known as Facebook, has warned that it may need to shut down its Facebook, Instagram, and other products and services in Europe if it is unable to process user data on both US-based and Europe-based servers. The warning comes after a change in European laws requiring users’ data to be kept and processed on only European servers.

In a report to the US Securities and Exchange Commission, Meta stated that the data transfer between countries or regions is ‘critical’ to its ‘operation.’ Meta also shared its fear that if it’s unable to transfer data between the US and countries in Europe, it could impact the way it currently provides its services and its ability to target ads.

Europe has Standard Contractual Clauses (SCCs) for international data transfers. As Meta stated in its report, in August 2020, it received a draft decision from the Irish Data Protection Commission (IDPC), which stated that Meta’s data transfers between the US and Europe are against the General Data Protection Regulation (GDPR) and must be suspended.

Although the decision by the IDPC was only a draft, Meta suspects that a final decision may be issued in the first half of 2022. According to the company, if it can’t rely anymore on the SCCs and if a new data transfer framework is not introduced, its fear will become a reality, and it won’t be able to offer many of its products in Europe, Facebook and Instagram included. This, like Meta said, ‘would materially and adversely affect’ its business and financial condition.

At this moment in time, Meta’s warning is only a possible future, and it doesn’t mean it will ever happen. But let us know what you think. Do you think that Meta may indeed shut off its Facebook and Instagram platforms in Europe, or do you think that these are only empty words?

Questions & Answers

Q.

Why might Meta need to shut down Facebook and Instagram in Europe?

A.

Meta might need to shut down if it cannot process user data on both US-based and Europe-based servers. This is due to a change in European laws requiring user data to be kept and processed on only European servers.

Q.

What is the specific issue with Meta's current data transfer methods?

A.

The Irish Data Protection Commission (IDPC) issued a draft decision stating Meta’s data transfers between the US and Europe are against GDPR and must be suspended. This decision relates to Meta's reliance on Standard Contractual Clauses (SCCs).

Q.

When might a final decision on Meta's data transfers be issued?

A.

Meta suspects a final decision from the Irish Data Protection Commission may be issued in the first half of 2022. This would relate to the draft decision from August 2020.

Q.

How would the inability to transfer data affect Meta's business?

A.

The inability to transfer data could impact how Meta provides services and targets ads. Meta stated this would 'materially and adversely affect' its business and financial condition if it cannot rely on SCCs or a new framework is not introduced.

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