Both companies are engaging in "forced consent" according to privacy group noyb.eu. Forced consent is a "take it or leave it approach" where a company requires that users opt into data terms it sets or blocks them from accessing their service entirely. In a brief outlining their complaint, noyb.eu says:
The new General Data Protection Regulation (GDPR), which came into force today at midnight, is supposed to give users a free choice, whether they agree to data usage or not. The opposite feeling spread on the screens of many users: tons of "consent boxes" popped up online or in applications, often combined with a threat, that the service cannot longer be used if user do[es] not consent. One the first day of GDPR noyb.eu has therefor[e] file[ed] four complaints against Google (Android), Facebook, WhatsApp, and Instagram over "forced consent."