BeReal, the in the moment social media platform, is far from its 2022 heyday, but that hasn’t stopped one organization from going after it. Austrian advocacy group Noyb has filed a complaint surrounding the platform’s data consent banner practices. The organization claims that the banner disappears if users accept that their personal data can inform advertising practices, but if they click reject then the banner appears daily. Noyb filed its complaint with the French data protection authority (CNIL) as Voodoo, a French company, bought BeReal in June — the practice in question started in July.
“BeReal’s daily attempt to pressure its users into accepting the tracking for personalised advertising has a significant impact on user behaviour. Consent given under these circumstances is not freely given, which means it doesn’t meet the requirements established in Article 4(11) GDPR,” Noyb argued in its complaint. It asked the CNIL to fine BeReal and force it to be compliant.
Noyb also pointed to guidelines the European Data Protection Board (EDPB) adopted in early 2023 around such a technique. “The continuous prompting deceptive design pattern occurs when users are pushed to provide more personal data than necessary for the purposes of processing or to agree with another use of their data, by being repeatedly asked to provide additional data or to consent to a purpose of processing,” the EDPB stated. “Such repetitive prompts can happen through one or several devices. Users are likely to end up giving in, as they are wearied from having to refuse the request each time they use the platform. “