Bytesize Legal Update: Pay Or OK Models For Behavioural Advertising (Podcast)

In the latest episode of Fieldfishers Bytesize Legal Update podcast Felicity Fisher and Megan Ward delve into the European Data Protection Board (EDPB)s recent opinion on the validity of a data subjects consent in the context of a consent or pay model and discuss what it means for large online platforms.

The EDPB's opinion focuses on models in which the option relates to consenting to the processing of personal data for behavioural advertising purposes (i.e., targeted ads) or paying a fee for the platform's service.

In January last year, the EDPB received a request from the Dutch, Norwegian and German data protection authorities to provide clarity on the legality of consent or pay models. In particular, the referring authorities questioned whether such models can satisfy the requirements under the EU General Data Protection Regulation (GDPR) for valid, freely given consent.