Meta confronts EU watchdog on "beyond the law" compliance demands

European Commission scrutiny goes deeper than written rules according to Meta's DMA report.

Meta's DMA compliance report cover image, highlighting tech giant's regulatory response to EU watchdog requirements.
Meta's DMA compliance report cover image, highlighting tech giant's regulatory response to EU watchdog requirements.

Meta has published its 2025 Digital Markets Act (DMA) compliance report, detailing its adherence to European digital market regulations two days prior to today's date. The 76-page document released on March 6, 2025, outlines how the tech giant has implemented various measures to conform with the stringent requirements established by the European Commission in September 2023.

According to the report, Meta asserts its compliance solutions "continue to be fully compliant with the DMA – just as they were on 6 March 2024 when our first DMA Compliance Report was published." The company maintains that internal processes and controls implemented to monitor ongoing compliance since March 2024 are functioning effectively under the supervision of Meta's dedicated Compliance Function overseen by DMA Head of Compliance, Andre Mintz.

Competition law expert Alba Ribera Martínez characterizes Meta's approach as "more reactive/combative than actively directed towards achieving a meaningful engagement with the DMA's provisions and the European Commission's idea of compliance." She notes that Meta's report demonstrates a preference for "a stable and stagnant method of compliance as opposed to dynamic and moving-target-like discussions with the European Commission."

Meta's report addresses compliance with obligations for its designated core platform services (CPSs): Facebook, Instagram, Meta Ads, Facebook Messenger, Facebook Marketplace, and WhatsApp. The document details technical implementations and policy changes designed to align with specific DMA articles.

A significant point of contention emerges in the report where Meta directly challenges the European Commission's interpretation of regulatory requirements. On page 14, paragraph 18, Meta states, "Despite Meta's concerted efforts to comply with EU regulation, we have continued to receive additional demands that go beyond what is written in the law." This statement signals growing friction between the tech giant and EU regulators regarding compliance expectations.

Ribera Martínez highlights this particular passage as evidence of Meta's combative stance, noting that the report "covertly (or overtly) criticises the European Commission's interpretation of the law." She observes that despite the "performative touch of the compliance report," Meta has only introduced "a few tweaks relating to its existing compliance, notably on Articles 5(2) and 7 of the DMA."

In response to regulatory pressure, Meta has introduced several modifications to its services. A notable change includes reducing the price of its Subscription for No Ads by 40% in November 2024, lowering costs from €9.99 to €5.99 per month on web platforms and from €12.99 to €7.99 on iOS and Android. The company also launched an additional option for EU users with "Less Personalized Ads" in November 2024.

According to Ribera Martínez, Meta has "responded to calls for eliminating dark patterns on its prompts relating to data combinations and service separation by tweaking their UX and wording." These changes represent relatively minor adjustments rather than fundamental shifts in approach.

Data portability features have been enhanced, allowing users to set up daily recurring transfers of their information. Meta has also expanded interoperability for messaging services, making it possible for third-party services to connect with WhatsApp since March 2024 and with Facebook Messenger since November 2024.

Meta's approach to compliance appears to favor stability over dynamic engagement with regulators. The company frames its compliance report as a retrospective account of developments from March 2024 to March 2025 rather than as a forward-looking commitment. On page 4, Meta clearly indicates that "product developments that Meta introduces in the next 12 months – will be reflected in the 2026 Compliance Report, once they have been fully implemented."

Ribera Martínez emphasizes this point in her analysis, noting that Meta's compliance reports "are not documents to future-proof Meta's behaviour in the future, but rather a simple account of the developments that have taken place from 6 March 2024 to 6 March 2025, i.e., an account of the past."

The company's compliance strategy includes detailed monitoring systems overseen by the DMA Compliance Function. This structure features three lines of defense: operational teams managing risks across products and services; the Compliance Function ensuring oversight; and an Internal Audit function providing independent assurance.

Meta's messaging interoperability solutions represent one of the most complex technical implementations, supporting text messaging and file sharing between users of different platforms. Both WhatsApp and Facebook Messenger now offer choices between client-to-server-to-client models or proxy server models for third-party integration. End users must opt-in to receive messages from third-party services, with separate inbox options available.

For advertising transparency, Meta provides advertisers and publishers with extensive performance measurement tools and data through platforms like Ads Manager and Monetization Manager. The company has also established an Alternative Dispute Settlement Mechanism for business users to challenge access decisions.

Meta remains firmly committed to personalized advertising, describing it as "the cornerstone of a free and inclusive internet and an essential tool for businesses of all sizes." This position underscores the company's approach to balancing regulatory compliance with its business model priorities.

Upcoming changes planned for 2025-2026 include further enhancements to Messenger without Facebook, introduction of WhatsApp in the Accounts Centre for EU users, enhancement of protocols for handling non-public business user data, and improvements to data portability tools.

The compliance report concludes with Meta's assertion that its solutions "are aligned with, and in many cases go beyond, both the letter and spirit of the DMA." The company affirms its commitment to continuing high-quality service provision within the DMA framework during the upcoming compliance period.

Timeline

  • September 5, 2023: European Commission designates Meta's core platform services
  • November 2023: Meta launches Subscription for No Ads in the EU
  • March 6, 2024: Meta publishes first DMA Compliance Report
  • March 7, 2024: WhatsApp interoperability with third-party services begins
  • April 29, 2024: Meta rolls out updated DMA Accounts Center choice flows
  • September 7, 2024: Facebook Messenger interoperability with third-party services launches
  • November 2024: Meta reduces Subscription for No Ads price by 40%
  • November 2024: Meta introduces Less Personalized Ads option for EU users
  • March 6, 2025: Meta submits second annual DMA compliance report to European Commission