Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms

What it covers

This opinion addresses the circumstances under which 'consent or pay' models implemented by large online platforms for behavioural advertising can constitute valid, freely given consent under the GDPR, examining detriment, imbalance of power, conditionality, equivalent alternatives, appropriate fees, and the other elements of valid consent.

Why it matters

It sets out the EDPB's position, issued at the request of several supervisory authorities under Article 64(2), on when pay-or-consent designs are compatible with GDPR consent requirements, informing enforcement and design decisions across large platforms.

Refer to it when

• designing or reviewing a consent-or-pay mechanism for behavioural advertising
• assessing whether a paid alternative preserves freely given consent
• evaluating detriment or imbalance of power on a large platform
• determining an appropriate fee for an ad-free alternative

Questions this document addresses

• Can a binary consent-or-pay choice constitute valid consent?
• What makes an alternative to behavioural advertising 'equivalent'?
• How should a fee for an ad-free alternative be assessed for appropriateness?
• How do detriment and imbalance of power affect freely given consent in this context?

Topics

• Consent
• Marketing & targeting
• Deceptive design patterns
• Lawful basis