During its February plenary, the European Data Protection Board (EDPB) discussed the scope of the guidance around Meta's tiered (consent or pay) subscription model. In addition to an imminent Opinion addressing the model in the context of large online platforms under Article 64 of the EU General Data Protection Regulation (GDPR), the EDBP also agreed that it needs to develop additional Guidelines with a broader scope.
The move follows a request from several European data protection authorities, including the Netherlands, Norway, and the German state of Hamburg in January, to provide a formal stance on the payment model used by digital platforms for obtaining consent to show personalised advertising under the GDPR.
In an update on 16 February, a coalition of 28 digital civil rights organisations, including NOYB and Wikimedia Europe, have written an open letter to the EDPB urging it to reject the tactic, which they claim is an attempt to circumvent EU privacy laws.
In a statement, honorary chair of NOYB, Max Schrems, said: "Under EU law, users have to have a 'free and genuine choice' when they consent to being tracked for personalized advertisement. In reality, they're forced to pay a fee to protect their fundamental right to privacy."
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