Meta Platforms Ireland Ltd, the parent company of Facebook and Instagram, has filed two applications with the European Court of Justice against the European Data Protection Board (EDPB).

The applications, numbered (T-128/23 and T-129/23), seek to annul the EDPB’s respective Binding Decisions adopted on 5 December 2022 concerning disputes submitted by the Irish Supervisory Authority on Meta Platforms Ireland Limited in relation to its Instagram and Facebook services.

Meta has alleged that the EDPB exceeded its competence under Article 65 of the General Data Protection Regulation (GDPR) and infringed Article 6(1)(b) of the same regulation. According to Meta, the EDPB interpreted the concept of contractual necessity too narrowly and applied an incorrect legal standard based on an incorrect interpretation of Meta Ireland’s Terms of Use.

Meta has alleged the EDPB of infringing the right to good administration as enshrined in Article 41 of the Charter of Fundamental Rights of the EU. Meta claims that the EDPB failed to act as an impartial body, and instead acted in a biased manner towards Meta and its services. Finally, Meta has alleged that the EDPB violated Article 83 of the GDPR and various underlying principles governing the determination of fines under the GDPR.

This legal action is the latest development in the ongoing dispute between Meta and the EDPB over the regulation of social media platforms. The GDPR, which came into force in May 2018, is designed to protect the privacy rights of EU citizens by imposing strict regulations on the processing of personal data. Meta has faced numerous fines and investigations under the GDPR in recent years, with regulators citing concerns over data protection and privacy.

Meta’s decision to bring legal action against the EDPB could potentially result in increasing tensions between technology companies and regulators over data protection and privacy issues. With the GDPR continuing to be a major focus of regulatory activity in the EU, it is likely that Meta’s legal action will be closely watched by other technology companies as well as regulators across Europe.

It remains to be seen what the outcome of the legal action will be, but it is clear that the dispute between Meta and the EDPB is far from over. The case will be closely watched by legal and regulatory experts, and could have significant implications for the regulation of social media platforms and the enforcement of the GDPR in the EU.