United Kingdom: Closed ICO Consultation on 'Consent or Pay' Business Models

On 17 April 2024, the Information Commissioner's Office (ICO) closed its consultation on 'consent or pay' business models. The consultation aimed to provide regulatory clarity on models that offer users a choice between accessing online services without payment if they consent to their personal information being used for personalised advertising, or paying to access the service if they refuse this consent. In particular, the ICO emphasised the issues for any organisation considering such a model, in terms of ensuring that consent is freely given, fully informed, and based on a fair and balanced exchange of value. In addition, it sought comments on the obligation to inform users on how their data is used, and on users' right to withdraw consent at a later time.