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Consent or pay: no free way to say no
Is a “consent or pay” cookie wall allowed in the EU?
It is contested. EU regulators say “consent or pay” is usually not valid consent on large platforms. For other sites the rules differ by country. Treat a pay-or-accept wall as a risk to review.
Why it matters
EU regulators have said a “consent or pay” choice is unlikely to give valid, freely given consent on large online platforms, and several expect a free option without tracking. The law is still being contested, so treat this as a risk to review rather than a settled breach.
How to fix it
- Offer a free option that doesn’t track, for example a version with non-personalised (contextual) ads.
- If you keep a paid option, keep the price reasonable and show the free choices just as clearly as the paid one.
- Write down why your approach is fair, especially if your site is large; regulators will ask.
The law behind this rule
EUEDPB Opinion 08/2024: “consent or pay” on large online platformsEUGDPR Art. 4(11), 6 & 7: valid consent
A plain summary, not legal advice.