European Union: Adopted EDPB Opinion by National Data Protection Authorities on "Consent or Pay" Models in Online Services

On 17 April 2024, the European Data Protection Board (EDPB) adopted an opinion on the "consent or pay" model's compliance with the General Data Protection Regulation (GDPR) requirements for valid consent. The EDPB emphasised that large online platforms must adhere to GDPR principles, including necessity, proportionality, and fairness, and cannot solely rely on user consent when offering a binary choice between consenting to behavioural advertising or paying a fee. The opinion suggests that platforms should provide an "equivalent alternative" that does not involve behavioural advertising and does not necessarily require payment. It also highlights the importance of consent being freely given, specific, and informed and outlines the conditions under which a fee for an alternative service might be considered appropriate.