The “consent or pay” model raises a difficult question: can a platform ask users to accept behavioural advertising or, if they refuse, pay a subscription? The answer is not automatic. Under the GDPR, consent must be freely given, specific, informed and unambiguous.
In this article we will discuss...
What the EDPB says about consent or pay
The European Data Protection Board adopted Opinion 08/2024 on “consent or pay” models implemented by large online platforms. The central point is that users must have a real choice and that refusal to consent should not lead to disproportionate consequences.
Where a service is important for social or professional life, excluding the user or pushing them to pay may call into question whether consent is truly free.
Why this matters for privacy
Behavioural advertising relies on observing, profiling and segmenting users. A simple accept button is not enough: the platform must explain what data is processed, for what purposes, who is involved and what real alternatives exist.
Key points for companies
- Do not make refusal a lower-quality or hard-to-find option.
- Provide clear information before asking for consent.
- Assess whether an equivalent alternative without behavioural advertising exists.
- Document the legal basis and consent assessment.
- Avoid design patterns that pressure users to accept.
Consent is not resignation
If users accept because they have no reasonable alternative, because they would lose access to an important service or because the interface clearly pushes them to accept, the consent may not be valid.
Conclusion
Privacy should not become a privilege reserved for those who can pay. Companies using consent, subscription or personalised advertising models must demonstrate that user choice is real, transparent and proportionate.