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

On 26 January 2024, the Norwegian, Dutch, and Hamburg Data Protection Authorities requested that the European Data Protection Board (EDPB) issue an opinion, according to Art.62(2) of the GDPR, on the "consent or pay" models increasingly adopted by online services. The 'consent or pay' model offers users a choice between consenting to tracking and profiling for marketing purposes or paying a fee. The EDPB's opinion should address whether this model complies with the General Data Protection Regulation (GDPR) requirement that consent to use personal data must be freely given. The EDPB has up to 14 weeks to process the matter. The outcome will inform GDPR enforcement throughout the European Economic Area (EEA) and impact all stakeholders using personal data to personalise advertising.