Martin Nettesheim, ‘EU Data Protection Law and Pay-or-Consent Business Models’

EU data protection authorities are currently confronted with a ‘fork in the road’. The restrictive interpretation of European Data Protection law and new digital regulation advocated by the European data protection authorities and the European Data Protection Board (‘EDPB’) required the digital company Meta (as others before) to deploy a ‘Pay or Consent’ model in order to ensure freely given and valid consent and at the same time safeguard the viability of its business model. Some European data protection authorities explicitly consider ‘pay or consent’ models to be permissible, but others raise some concerns. A group of data protection authorities recently approached the EDPB in order to obtain a data protection assessment of ‘pay or consent’ business models. Resolute and vocal opposition to the introduction of monetised alternative service offerings comes from a rather surprising quarter …

Nettesheim, Martin, EU Data Protection Law and Pay-or-Consent Business Models (March 19, 2024).

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