Open letter: EU Data Protection Board must acknowledge the Commission’s additional concerns about ‘Consent or Pay’

As digital and consumer rights organisations, our concerns about the gravity of the ‘Consent or Pay’ model have been voiced through two open letters. Moreover, the mounting pressure from diverse stakeholders, including Members of the European Parliament and European consumer organisations, underscores the urgency of the situation at hand. The European Commission has recently also expressed significant additional concerns regarding the ‘Consent or Pay’ model.

We urge the EDPB to refrain from endorsing a strategy that is merely an effort to bypass the EU’s data protection regulations for the sake of commercial advantage. We ask the Board to advocate for robust protections that prioritise data subjects’ agency and control over their information. This should be reflected in the EDPB’s upcoming decision but also in the guidelines they are preparing on the “Pay or Okay” model.

Emphasising the need for genuine choice and meaningful consent aligns with the foundational principles of data protection legislation, the larger context of all relevant European Court of Justice rulings and serves to uphold the fundamental rights of individuals across the European Economic Area. To learn about our specific concerns and recommendations, read the open letter below.