EDPB opinion on pay or consent

The European Data Protection Board (EDPB) has published an opinion that raises doubts on the legality of large online platforms’ ‘pay or consent’ models under the General Data Protection Regulation (GDPR). In particular, the voluntary nature of consent is questioned. It is feared that requiring users to pay a fee to prevent their data being used for behavioural advertising will force them to make decisions they would not otherwise make. In most cases, it will not be possible for large online platforms to meet the requirements for valid consent if they only offer users the choice between consenting to the processing of personal data for behavioural advertising purposes or paying a fee. The full text is available here