Consent or Pay resources
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2 min read
Updated this post to gather some of the Consent or Pay resources while we wait for the EDPB's Guidelines!
My Meta Pay or Okay experience - now they're cutting the price with 40%
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5 min read
Latest: Meta reduces sub prices and offers new free choice with less personalised ads, claiming it "goes beyond what is required in the law". 💸 And gets huge fines: €797.72m from the 🇪🇺 EC for antitrust violations and $25.4m from 🇮🇳 India's competition authority for 2021 privacy notice failures.
CJEU C-252/21 Meta Platforms and Others (General terms of use of a social network) 4 Jul 2023
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6 min read
The 'Bundeskartellamt' ruling, where the CJEU applies 'strictly' to the legal bases necessity test for the first time. 🔥 You might rely on legitimate interest for direct marketing, network security or product improvement, but the processing must now meet this higher threshold.
Grindr NOK 65m fine upheld in Norway (again)
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2 min read
The Oslo District Court ruled in favour of the state on all points, after Grindr sued the authorities after the Privacy Appeals Board fully upheld the DPA's decision, including the NOK 65m record fine. Preliminary win, but expect an appeal.
Dutch DPA on education sector social media marketing
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4 min read
The DPA stresses that their advice applies generally to all social media and "of great importance" to all educational institutions and similar organisations in 🇳🇱.
CJEU C-129/21 Proximus (subscribers' consent) 27 Oct 2022
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3 min read
Consent is required to list subscribers' details in publicly available directories. If obtained, including on behalf of other controllers, a data subject can withdraw it (= an erasure request) from any of them, and each controller may need to inform the others.
EDPB's controversial ‘Consent or Pay’ Opinion is here
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2 min read
[Updated 24 April with highlighted file + 🎙️] Is the EDPB trying to "rewrite the entire economic model of Big Tech and the adtech industry in the EU"? 🤔 Controversial Opinion just published!
Denmark DPA says cookie walls are legal - and not
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2 min read
Update 26 Mar 2024: the DPA rejects reopening the cases, upholding that analytics/statistics aren't a necessary part of the alternative to paid access.
EDPB Guidelines 5/2020 on consent
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6 min read
A 1-page summary of the EDPB's Guidelines: structure of valid consent, when is it invalid, what to do when it's withdrawn, key highlights and resources.
Lawfulness: Consent - examples
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33 min read
In need of consent inspiration or determine if your setup is (likely) compliant? Review this page for numerous examples!
Lawfulness: Consent
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6 min read
Start here for all things consent: when to rely on and not, practical tips and key resources (GDPR, DPD, CFR, OECD, CJEU rulings and EDPB guidance).
Denmark Agency orders Google and Meta to change cookie management
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3 min read
Meta must change their cookie banner in Denmark. Could this impact their 'pay or OK' model on Facebook?