Meta must pay €479 million to Spanish publishers after violating the GDPR and gaining a competitive advantage

The ruling, handed down on 19 November 2025 by Madrid Commercial Court No. 15, partially upholds the claim filed by the Spanish digital press, which alleged that Meta's behavioural advertising misused the personal data of Facebook and Instagram users, giving it a significant competitive advantage over the advertising practices of the Spanish digital press.

Key points:

• Origin of the dispute: Meta abandoned the legal basis of consent after the GDPR came into force, resorting to "performance of the contract," which made the processing of data for behavioural advertising unlawful.
• Legal basis: the court applied Article 15.1 of the Unfair Competition Law, which considers it unfair to obtain an advantage through regulatory infringement, linking the GDPR with economic damage to competitors.
• Background and sanctions: Meta had already been sanctioned in Ireland in 2022 for the same practice; according to the judge, with the consent of users, there would have been no illegality.
• Calculation of compensation: Meta did not provide accounts in Spain; the judge accepted AMI's figure (5.281 billion in advertising revenue) and calculated the compensation based on the market share lost by the digital press.
• Impact: the ruling cites European legislation and case law and may influence other countries; France is processing a similar lawsuit.
• Procedural status: the ruling is not final; Meta may appeal, but the case sets a precedent at the intersection of privacy, competition and digital advertising.

This ruling sets a historic precedent by linking data protection and unfair competition, reinforcing the obligation to comply with the GDPR in advertising models. Although it can be appealed, the ruling could transform the European regulatory framework and the business of large platforms.

Access the full article published in Poder Judicial España here.