United Kingdom: Information Commissioner's Office released guidance for organisations implementing a “consent or pay” online advertising model

On 23 January 2025, the Information Commissioner’s Office (ICO) released a guidance for organisations implementing a “consent or pay” online advertising model. The guidance aims to clarify how organisations in the UK can implement a "consent or pay" model. It highlights that users can choose to either consent to the use of their data for personalised advertising or pay a fee to avoid such use while ensuring compliance with UK General Data Protection Regulations. It emphasises that the user's consent must be freely given, informed, and without detriment. Businesses must demonstrate that users have genuine choice and are not coerced into consenting. The guidance outlines four key factors—power imbalance, appropriate fee, equivalence, and privacy by design, that must be necessarily assessed to ensure that consent meets legal standards. It also stresses the importance of documenting the assessment as part of a Data Protection Impact Assessment.