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ARTICLE · 12 AUGUST 2024

This Week In Data/Cyber/Tech: Has The Pay Or Consent AdTech Model Been Approved In The UK?

Ropes & Gray LLP
Ropes & Gray LLP
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The UK ICO may permit "pay-or-consent" models, potentially diverging from stricter EU data protection standards, signaling a significant shift for UK-based advertising-funded businesses.

United KingdomPrivacy
Edward Machin
Edward Machin
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There's rarely a quiet week in data protection — and this one was no exception. Below is the most interesting development from the past seven days that caught my eye.

Readers of several prominent British news websites will have noticed something different when visiting their websites over the past few weeks: the introduction of a "pay or consent" banner.

Over the past 12 months the topic of pay or consent — giving users a choice between (i) paying for ad-free services and (ii) consenting to their personal data being used for behavioural advertising — has been developing into of one the most important aspects of data protection law in Europe.

In April 2024, the European Data Protection Board issued an opinion — in the context of "large online platforms", but its conclusions will in time apply more broadly — which found that pay or consent models are, practically speaking, very difficult to operate in a way that meets the GDPR's consent requirements.

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