Op-ed: Meta's payment model and the EDPB's anticipated Opinion

16/04/2024 | IAPP

With all eyes on the European Data Protection Board's (EDPB) forthcoming ruling on the legality of Meta's tiered (Consent or Pay) subscription model this week, Schjødt Lawfirm Partner and Head of Privacy and Data Protection Eva Jarbekk writes that the EDPB's decision will likely have implications for numerous companies using pay-or-consent models. Jarekk writes, "any limitation must therefore be proportionate and necessary, and genuinely meet recognized objectives of general interest or the need to protect the rights and freedoms of others." In effect, the fundamental rights of Meta or indeed any company to conduct its business should be balanced against the right to privacy. 

In a related articleIAB Europe has a rebuttal over the mischaracterisation surrounding pay-or-consent models. In the first instance, IAB Europe states that such models do not "render data protection rights conditional to payment," or that "contextual advertising constitutes an alternative means to finance online services," and that "contextual advertising can be efficiently leveraged in the absence of users’ consent."

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