EDPB Says ‘Consent or Pay’ Models Should Offer Real Choice

The European Data Protection Board pressed large online platforms to give users free options without targeted ads. The body said that large online platforms should give users an option to use their services for free without targeted advertising.

Concerning so-called ‘consent or pay’ models, the EDPB considers that, in most cases, it will not be possible for them to comply with the requirements for valid consent, if they confront users only with a choice between consenting to the processing of personal data for behavioral advertising purposes and paying a fee. Offering only a paid alternative to services that involve the processing of personal data for behavioral advertising purposes should not be the default way forward for controllers.

“When developing alternatives, large online platforms should consider providing individuals with an ‘equivalent alternative’ that does not entail the payment of a fee. If controllers do opt to charge a fee for access to the ‘equivalent alternative’, they should give significant consideration to offering an additional alternative. This free alternative should be without behavioral advertising, e.g. with a form of advertising involving the processing of less or no personal data. This is a particularly important factor in the assessment of valid consent under the GDPR,“ the EDPB said in a statement.

“Online platforms should give users a real choice when employing ‘consent or pay’ models. The models we have today usually require individuals to either give away all their data or pay. As a result, most users consent to the processing to use a service, and they do not understand the full implications of their choices,” said EDPB Chair Anu Talus. “Controllers should take care at all times to avoid transforming the fundamental right to data protection into a feature that individuals have to pay to enjoy. Individuals should be made fully aware of the value and the consequences of their choices.”