EDPB Opinion 08/2024: Framework for 'Consent or Pay' Models on Digital Platforms
In most cases, a binary choice between consenting to behavioral advertising and paying a fee will not allow large online platforms to demonstrate freely given consent. The EDPB states that platforms should consider offering an equivalent free alternative without behavioral advertising.
EDPB Doctrine on 'Consent or Pay' Models on Large Online Platforms (Opinion 08/2024)
In its Opinion 08/2024 adopted under Article 64(2) GDPR, the European Data Protection Board examined the validity of consent within 'Consent or Pay' models implemented by very large online platforms (VLOPs).
The EDPB concluded that, in most cases, large platforms will not be able to demonstrate that consent obtained via such a binary choice is freely given within the meaning of Article 4(11) and Article 7 GDPR:
- Free equivalent alternative: Platforms should consider offering data subjects an 'equivalent alternative' that does not entail paying a fee. The absence of an equivalent free option without behavioral advertising represents a critical factor weighing against the voluntariness of consent;
- Avoidance of coercion and reasonable pricing: Charging a fee must not coerce individuals into opting for behavioral tracking. Where a fee is imposed, it must be genuinely reasonable and must not discourage users from declining profiling;
- Prohibition of detrimental conditionality: Access to core service features cannot be conditioned without a fair alternative, particularly when the platform enjoys a dominant market position or network effects that lock users in.
Verified Official Sources
Modèles 'Consent or Pay' (Pay or Okay) des très grandes plateformes, conditions de liberté du consentement, alternative équivalente sans suivi comportemental et tarification appropriée (Avis Art. 64 du CEPD)
Consult official source →Consentement libre, spécifique, éclairé, univoque, cookie walls, scrolling
Consult official source →Associated Operational Micro-Tools
Verify technical exemption of strict necessity or prior active consent obligation with symmetric refusal.
See Also in the Legal Framework
EDPB Guidelines 05/2020: Criteria for Valid Consent under the GDPR
EDPB Guidelines 05/2020 and Planet49 case law: the 4 cumulative criteria of valid consent (freely given, specific, infor...
Article 6 GDPR: The Six Lawful Grounds for Lawful Processing
Legal analysis of Article 6 GDPR: the six alternative legal bases for lawfulness of processing, valid consent criteria, ...