EDPB Opinion on 'Pay or Okay' models

Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms

The Opinion addresses the validity of consent to process personal data for the purposes of behavioural advertising in the context of ‘consent or pay’ models deployed by large online platforms. The EDPB considers that, in most cases, it will not be possible for them to comply with the requirements for valid consent, if they confront users only with a choice between consenting to processing of personal data for behavioural advertising purposes and paying a fee. With respect to the DSA, the Opinion specifically mentions notions of 'gatekeeper' and 'core platform services' and the concept of 'consent'. According to the EDPB, "(t)this Opinion refers to relevant provisions of the DMA and the DSA insofar as necessary to foster a coherent application of EU law" (para. 47 of the Opinion).