Belgium: Data Protection Authority (APD) closes consultation on updated Recommendation (01/2020) for direct marketing including safeguards for "consent or pay" models

On 10 May 2025, the Data Protection Authority (APD) closes its consultation on the updated recommendation on direct marketing. The update builds on Recommendation 01/2020 and takes into account developments in case law, regulatory decisions and guidance from the European Data Protection Board (EDPB). An addition to the updated Recommendation is the assessment of "consent or pay" models, where users must either consent to data processing for targeted advertising or pay a fee for an ad-free experience. The APD examines whether these models comply with the GDPR's requirements for valid consent, emphasising that consent must be freely given, informed and unambiguous. The Recommendation highlights concerns that such models may limit user choice, particularly where there is no equivalent alternative to a consent-based model. While the APD does not categorically prohibit "consent or pay" models, it calls for case-by-case assessments to ensure compliance with fair processing principles and user rights.