Italy: Data Protection Authority closes consultation on implementation of Pay or Ok systems compatibility with data protection regulations

On 4 July 2025, the Italian Data Protection Authority closes the public consultation on the implementation of Pay or Ok systems compatibility with data protection regulations. The consultation aims to gather information on whether requiring users to consent to broad commercial profiling by numerous entities, as an alternative to paying a fee, can truly be considered free and informed consent. It also invites suggestions for less privacy-invasive alternatives to the current binary choice model, as suggested by the European Data Protection Board and a recent European Commission ruling. Lastly, it aims to explore how to ensure users are fully aware of the consequences of their consent, especially regarding access to digital content or services, so that such consent meets legal requirements for being informed and specific. The Authority intends to use the gathered information for potential enforcement actions and broader regulatory interpretation, particularly in light of recent guidance from the European Data Protection Board and European Commission decisions.