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ARTICLE · 28 MAY 2024

EDPB'S Opinion On Consent Or Pay Models: Key Takeaways

ELVINGER HOSS PRUSSEN, société anonyme
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On 17 April 2024, the European Data Protection Board (the "EDPB") adopted its Opinion 08/2024 on valid consent in the context of consent or pay models implemented by large online platforms...

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On 17 April 2024, the European Data Protection Board (the "EDPB") adopted its Opinion 08/2024 on valid consent in the context of consent or pay models implemented by large online platforms (the "Opinion"). The Opinion addresses the circumstances and conditions under which "consent or pay" models for behavioural advertising can meet the criteria for valid, and particularly freely given, consent.

In the context of behavioural advertising, "consent or pay" refers to business models where a controller offers data subjects a choice between accessing an online service for free by consenting to processing of personal data for behavioural advertising purposes and paying a fee if they refuse that personal data is being processed for these purposes.

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