Noyb files complaint against BeReal for harassing users to get consent

BeReal uses dark patterns to get users’ consent for the use of their personal data for advertising purposes. The app keeps harassing people until they accept it.

BeReal is an application that requires users to share what their real lives look like. In order to do so, the app sends a notification at a random time each day. Users are given two minutes to take a picture of themselves of what they are doing. This picture is then shared with friends who are active on the platform. BeReal has over 23 million daily users worldwide.

Just like most apps, BeReal makes money by selling personalized ads to users. But in order to collect and process personal data, the developer has to get permission. The way BeReal tries to get consent is quite aggravating.

Since July 2024, European BeReal users have been confronted with a consent banner every time they open the app. They are given two choices: ‘Accept’ if they don’t mind BeReal processing their personal information, and ‘Refuse’ if they don’t want that.

So far, all is in accordance with the General Data Protection Regulation (GDPR).

However, when users decline to give permission to BeReal for collecting their data for personalized ads, the banner will reappear every single time they open the app. This is a prime example of a so-called dark pattern, a way to manipulate a user into making a decision he doesn’t want.

“BeReal’s nudging tactics are particularly absurd. When first confronted with the consent banner, users get the impression that the app actually respects their choice – only to find out that BeReal actually won’t take no for an answer. It is obvious that BeReal is trying to pressure users into consenting to tracking,” says Lisa Steinfeld, data protection lawyer at Noyb, in a statement.

She stresses that the GDPR makes it clear that consent is only valid if it’s ‘freely given, specific, informed and unambiguous’. “Unfortunately, BeReal doesn’t seem to care and would rather pressure people to give their consent even if they don’t want to be tracked,” Steinfeld adds.

To put a stop to this, Noyb has filed a complaint with the French data protection authority CNIL. The Austrian privacy group wants the privacy regulator to order BeReal to bring its processing into compliance, and impose an administrative fine to prevent similar violations in the future.

French mobile games publisher Voodoo, who acquired BeReal last Summer, hasn’t responded to the complaint.