Germany: Issued Opinion on website subscription models

On 22 March 2023, the German Conference of Independent Data Supervisory Authorities has issued an Opinion on websites offering users a choice between a free version that tracks user behaviour and a paid version that does not. The Opinion states that this practice is acceptable under certain conditions. The free version must obtain user consent for tracking and allow users to opt-in separately for each data processing purpose. The paid version must be essentially equivalent to the free version and offered for a standard market fee. The opinion also highlights that personal data processing must comply with European Union General Data Protection Regulation.