CJEU rules 'free user accounts' constitute a sale under ePrivacy Directive
14/11/2025 | TaylorWessing
The Court of Justice of the European Union (CJEU) has delivered a judgment in case C-654/23, which significantly broadens the interpretation of a "sale of a service" under Article 13(2) of the ePrivacy Directive. The CJEU ruled that this term does not require a direct monetary payment, and is satisfied by indirect remuneration, such as when a free user account is primarily used to induce the user to subscribe to a later paid service.
The ECJ clarified that establishing a legal relationship by consenting to terms of use, where the costs of the free offer are economically incorporated into the price of a paid product, constitutes a sale. If the provider then sends a newsletter advertising new content to these free account holders, this is considered direct marketing.
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