BeReal, the popular Gen Z selfie-sharing app, is facing a privacy complaint in Europe over its manipulative tactics to obtain user consent for ad tracking. The complaint, filed by European privacy rights non-profit noyb, alleges that BeReal's consent pop-up is designed to pressure users into agreeing to tracking, violating the General Data Protection Regulation (GDPR) standard of freely given consent.

Since July 2024, BeReal has been serving European users with a consent banner that appears to offer a convenient accept/refuse choice to agree or deny tracking. However, noyb argues that the app deploys an aggressive "nudging tactic" to pester users who refuse tracking, reappearing every day when they try to publish a post. In contrast, users who agree to tracking are left in peace without ever seeing the pop-up again.

This "dark pattern" is designed to manipulate users' decisions and annoy them into consent, according to noyb. The organization points to 2022 guidance on dark patterns in social media interfaces by the European Data Protection Board, which warns against "continuous prompting" tactics that repeatedly ask users to consent. Such tactics are likely to result in users "giving in as they are wearied from having to refuse the request each time they use the platform."

noyb's complaint argues that BeReal's tactics are particularly absurd, as users are initially led to believe that the app respects their choice, only to find out that BeReal won't take no for an answer. The organization is calling on the French data protection watchdog, CNIL, to order BeReal to fix its consent flow to abide by the GDPR's standard of freely given choice and delete any data it's processed since implementing the dark pattern. noyb also urges the CNIL to impose a fine.

The implications of this complaint are significant, as confirmed breaches of the GDPR can lead to penalties of up to 4% of global annual turnover. BeReal's parent company, Voodoo, has been contacted for a response to the complaint, but has yet to provide a statement.

This development highlights the ongoing struggle to balance user privacy with the commercial interests of tech companies. As the digital landscape continues to evolve, it's essential for companies to prioritize transparency and respect for user autonomy, lest they face the wrath of regulators and users alike.

As the BeReal complaint unfolds, it will be interesting to see how the French data protection watchdog responds to noyb's allegations. One thing is certain, however: the GDPR is a powerful tool for protecting user privacy, and companies would do well to take heed of its standards.