Many companies already use or are introducing “pay or OK” models for targeted ads on the Internet. What legal issues does this raise in the EU? Frithjof Michaelsen, Digital Policy Officer at UFC-Que Choisir, the French Federation of Consumer Associations, joins Matthew Reynolds and Matthew Hall to discuss Meta’s introduction of pay or OK, otherwise known as pay or consent, on its Facebook and Instagram platforms in the EU, the relevant law and the implications of this for the wider adtech ecosystem. Listen to this episode to learn more about the application of EU consumer and data protection rules and the EU Digital Markets Act to this model.

Frithjof Michaelsen, Digital Policy Officer, UFC-Que Choisir (France)

Related Links:

“Choose to lose with Meta” document; BEUC’s assessment of Meta’s subscription model (pay or OK) from a consumer law perspective (source: European Data Protection Board)

BEUC “Choose to Lose With Meta” webpage (source: European Data Protection Board)

BEUC Press Release “Consumer groups file complaint against Meta’s unfair pay-or-consent model” (source: European Data Protection Board)

Timeline of Meta and GDPR (source: European Data Protection Board)

NOYB GDPR Withdrawal Complaint (source: noyb.eu)

NOYB GDPR Pay or OK Complaint (source: noyb.eu)

NOYB Press Release “Instagram & Facebook: 28 civil rights organisations urge European DPAs to reject “Pay or Okay” in pending case over € 250 “privacy fee”” (source: noyb.eu)

EU Digital Markets Act (source: European Commission)

BEUC and EU consumer group complaints against Meta under EU GDPR February 2024

Hosted by:

Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP