Consent or Pay

noyb Sues Hamburg DPA over “Pay or OK” in Der Spiegel

noyb has filed a lawsuit against the Hamburg Data Protection Authority (DPA) after it approved the controversial ‘Pay or OK’ system used by DER SPIEGEL, which forces users to choose between consenting to data tracking or paying for a subscription. The Hamburg DPA’s decision, which took nearly three years, has been criticized for lack of impartiality, as the complainant was not consulted and critical facts were ignored.

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European Commission Coordinates Action Against Meta on ‘Pay or Consent’ Model

The European Commission, in collaboration with the Consumer Protection Cooperation Network, has taken coordinated action against Meta regarding its ‘pay or consent’ model. This model requires users to either pay for access to Facebook and Instagram or consent to personalized ads by Meta using their personal data. The CPC initiated this move after determining that the model may breach EU consumer laws. Key concerns include misleading information, undue pressure on consumers, and potential violations of the Unfair Commercial Practices Directive and the Unfair Contract Terms Directive. Meta must respond by 1 September 2024, or face potential sanctions.

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Consent or Pay

German Court Decision Contrasts with EDPB Stance: Regensburg Court Validates Meta’s “Consent or Pay”

Remember the EDPB draft opinion on Meta’s “consent or pay”? If not, read here my summary. Well that one was published on 17 April, but I came across a court decision from 15 April, in Germany, also on “consent or pay”. Spoiler alert: the arguments don’t totally match, and the conclusion is entirely different! Here’s

German Court Decision Contrasts with EDPB Stance: Regensburg Court Validates Meta’s “Consent or Pay” Read More »

EDPB Opinion on Consent or Pay – A Quick Summary

The European Data Protection Board has examined the legality of ‘consent or pay’ models, where users are presented with a choice between consenting to the processing of their personal data for behavioral advertising purposes or paying a fee. In the opinion published on 17 April 2024 the EDPB has concluded that such models can be used lawfully only with significant changes to the current practice. Here’s why they say this and what they think is the way to go.

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