Class Action vs Google · upheld by the Court of Milan

Area · DSA — Digital platforms

Right to opt out of profiling

It is the right to refuse the use of your data to build personalised profiles for recommendations or targeted advertising.

Position in the tableAll rights

What it is

The right to opt out of profiling is the right to refuse that platforms use profiling-based recommender algorithms to decide which content to show you.

In practice: you have the right to see non-personalised content, chosen without analysing your behaviour, interests or characteristics.

What “profiling” means (GDPR Art. 4.4)

  • Automated processing of personal data
  • to evaluate personal aspects,
  • analysing or predicting interests, behaviour and preferences.

How platform profiling works

1. Data collection

  • The content you watch, like and comment on.
  • The time you spend on each post or video.
  • The searches you make.
  • The accounts you follow.
  • The times of day you use the app.
  • Your device and location.

2. Algorithmic analysis

  • Machine learning identifies patterns.
  • It builds a profile of your interests.
  • It predicts what you will like.

3. Feed personalisation

  • Content is shown to you in a personalised order.
  • Posts and videos are selected “for you”.
  • You receive targeted recommendations.

What the DSA requires of very large platforms

Art. 38 of the DSA obliges VLOPs (over 45 million users in the EU) to offer at least one option that is not based on profiling:

  • a purely chronological feed;
  • only content from accounts you follow;
  • sorted by most recent first;
  • zero algorithmic personalisation.

When to opt out

Privacy

  • You do not want to be constantly tracked.
  • You do not want the algorithm to “know” you.
  • You want to reduce profiling.

Filter bubble

  • The algorithm only shows you content similar to what you saw before.
  • You risk an echo chamber (only opinions you already agree with).
  • You want to step out of the algorithmic “bubble”.

Manipulation

  • The algorithm chooses what you see to maximise engagement,
  • not in your real interest.
  • You want control over what you consume.

Transparency

  • You do not understand why you see certain content.
  • You want a predictable, chronological feed.
  • No algorithmic “magic”.

The information on this page is for general guidance and is not a substitute for legal advice.