Interactive Advertising Bureau (IAB) expresses its concern about the EDPB’s approach to the “consent or pay” model

On 23 April 2024 the IAB released its response to the EDPB’s verdict on the “consent or pay” model. You can see our article about the EDPB’s opinion here.

The IAB stated that it had “grave reservations” about the opinion (which, amongst other things included the statement that “in most cases it will not be possible for large online platforms to comply with the requirements for valid consent if they confront users only with a binary choice between consenting to processing of personal data for behavioural advertising purposes and paying a fee”.)

The IAB considers that the EDPB has mischaracterised both personalised advertising and the “consent or pay model”. The IAB called into question the economic viability of offering a free of charge service based on non-behavioural advertising, which it alleges that the EDPB has introduced as a “quasi mandatory condition” to obtaining valid consent for the personalised advertising version.

The IAB also called for public consultation on the EDPB’s intended guidance on the use of the model, to ensure stakeholders’ concerns and interests are taken into account.

You can read the full statement here.

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