What is a consent or pay model?

A consent or pay model gives users a choice between allowing certain personal data processing or paying for an alternative version of the service.

Typically:

• Consent: The user accesses the service while agreeing to specified processing, often for behavioural or personalized advertising.

• Pay: The user pays for an alternative that does not rely on that consent-based processing.

On 17 April 2024, the EDPB adopted Opinion 08/2024 on consent-or-pay models used by large online platforms for behavioural advertising. It stated that, in most cases, offering only a choice between consenting to behavioural advertising or paying a fee is unlikely to meet valid consent requirements.

A paid option does not automatically make GDPR consent valid. The assessment still depends on whether users have a genuine choice and how the alternatives are designed.