Right after the summer acquisition by French mobile games publisher Voodoo, the popular candid selfie-sharing app BeReal underwent a significant transformation in how it requests user consent for tracking. This change has now led to a privacy complaint in Europe. Confirmed violations of the GDPR can result in substantial penalties.

Privacy Complaint and Accusations

European privacy rights non-profit noyb has filed a complaint against BeReal, accusing it of using manipulative tactics to pressure users into consenting to ad tracking. Since July 2024, European BeReal users have been presented with a consent banner that seems to offer a simple accept/refuse choice. However, what happens after interaction with the banner is where the issue lies. BeReal employs an aggressive "nudging tactic" by reappearing the banner daily when users try to publish a post if they refuse tracking, while those who agree are left undisturbed. 1: This is a clear case of a so-called dark pattern, as noyb argues in their press release. It aims to manipulate users' decisions and annoy them into giving consent. It shows that BeReal may not fully respect European users' right to privacy. 2: The 2022 guidance on dark patterns in social media interfaces by the European Data Protection Board warns against continuous prompting tactics. BeReal's behavior seems to align with these warnings, as it repeatedly asks users to consent, potentially leading them to give in due to fatigue.

Data Protection Lawyer's Perspective

Data protection lawyer Lisa Steinfeld from noyb added in a statement that BeReal's nudging tactics are absurd. When users first encounter the consent banner, they get the impression that the app respects their choice. But later, they realize that BeReal won't accept a "no." It is evident that BeReal is trying to pressure users into consenting to tracking. 1: The GDPR clearly states that consent must be freely given. BeReal's actions seem to disregard this principle, showing a lack of concern for user privacy. 2: By using these tactics, BeReal is not only potentially violating the GDPR but also undermining user trust. Users should have the right to make an informed decision about whether they want to be tracked or not.

Regulatory Action and Request

Noyb has filed the complaint with CNIL, the French data protection watchdog. It is asking the regulator to order BeReal to fix the consent flow and abide by the GDPR's standard of a freely given choice. Additionally, it wants the app to delete any data processed since implementing the dark pattern. A fine is also being urged. 1: This regulatory action is crucial to ensure that BeReal complies with privacy regulations and respects the rights of European users. 2: It sets an example for other apps and shows that privacy violations will not be tolerated. CNIL has the responsibility to enforce the GDPR and protect user privacy.