On April 17, 2024, the European Data Protection Board (EDPB) published its guidance on "consent or pay" models implemented by large online platforms for behavioral advertising. The headline is that, in the EDPB's opinion, in most cases it will not be possible for large online platforms using "consent or pay" models to demonstrate that they have obtained valid consent under European data protection law to process an end user's data for the platform's behavioural advertising purposes.
In this episode, Fieldfisher's Felicity Fisher and Megan Ward unpick the EDPB's guidance and discuss what it means for online platforms using "pay or OK" models for targeted advertising.