A Tale of Two Laws: Digital Markets Act vs. UK Data Protection

The fate of Meta’s subscription service in Europe is a tale of two laws: the EU’s powerful Digital Markets Act (DMA) and the UK’s distinct interpretation of its own data protection laws. The conflicting nature of these legal frameworks has led to the service being approved in one jurisdiction and outlawed in the other.
In the European Union, the DMA is king. This sweeping legislation is designed to curb the power of big tech. The European Commission used it to strike down Meta’s subscription, imposing a €200m fine and arguing that the “pay or okay” model is a classic example of the unfair practices the DMA was created to prevent.
In the United Kingdom, which is not subject to the DMA, the decision rested on the ICO’s interpretation of existing data protection principles. The ICO found that a paid subscription does satisfy the UK’s requirement for a user opt-out, giving Meta the legal green light.
This legal divergence is a direct result of Brexit. The UK is no longer on the same legislative path as the EU, allowing for different interpretations and outcomes. The “pro-business” direction of UK regulators further encourages a more flexible approach compared to the EU’s hard-line stance.
This tale of two laws shows how the legal ground beneath big tech is fracturing in Europe. For companies like Meta, compliance is no longer a matter of following one set of rules, but of navigating a complex and increasingly contradictory patchwork of national and bloc-level legislation.