Nowość Europejska Rada Ochrony Danych, Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms

17 April 2024

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

The Dutch, Norwegian and German (Hamburg) supervisory authorities requested the EDPB to issue an opinion on the question of under which circumstances and conditions ’consent or pay’ models relating to behavioural advertising can be implemented by large online platforms in a way that constitutes valid, and in particular freely given, consent, also taking into account the judgment of the Court of Justice of the European Union (CJEU) in C-252/21. The scope of this opinion is indeed limited to the implementation by large online platforms (which are defined for the purposes of this opinion) of ‘consent or pay’ models where users are asked to consent to processing for the purposes of behavioural advertising.

In this respect, the EDPB highlights the need to comply with all the requirements of the GDPR, in particular those for valid consent, while assessing the...