Pay or OK: How Europe's Data Protection Authorities Ruled in 2024–2026
The “Consent or Pay” model — also known as “Pay or OK” — is the most contested topic in European data protection law. Since the CJEU ruling C-252/21 (Meta, July 2023), European supervisory authorities have positioned themselves at remarkable speed. Here is the current state of play.
EDPB Opinion 08/2024
In April 2024, the European Data Protection Board published its Opinion 08/2024 on “Consent or Pay” models for large online platforms:
- Large platforms (“gatekeepers”) should offer a third option — e.g., ad-supported without tracking (contextual advertising)
- The mere choice between “consent or pay” does not automatically satisfy the voluntariness criterion when market power exists
- The price must be proportionate — no “prohibitive pricing”
Decisions in Detail
Austrian DPA: derStandard.at (December 2023)
Result: Conditionally approved
The Austrian DPA accepted derStandard.at's pur-abo model (€5.83/month) on condition that the paid version is functionally identical, users can return to the ad-supported version at any time, and pricing is transparently documented.
Datatilsynet Norway: Meta (October 2024)
Result: Prohibited
The Norwegian authority ruled that Meta's “Pay or Consent” model violates the GDPR because Meta holds a dominant market position, no real freedom of choice exists, and the price (€9.99/month) was considered prohibitive.
CNIL France: Ongoing Practice
Result: Differentiated
CNIL has not issued a blanket ban but has imposed fines when the reject button was hidden, the cookie wall completely blocked access, or tracking continued despite rejection.
Decision Matrix
| Authority | Country | Result | Price Threshold | Key Argument |
|---|---|---|---|---|
| EDPB | EU | Restrictive | — | Third option for gatekeepers |
| DSB | AT | Approved* | ~€6/mo | Functional equivalence |
| Datatilsynet | NO | Prohibited | — | Market power, prohibitive price |
| CNIL | FR | Differentiated | — | Case-by-case, transparency focus |
| AEPD | ES | Open | — | Proceedings ongoing |
*) With conditions
Practical Recommendation
- Check price: Under €5/month signals proportionality
- Consider a third option: Contextual advertising without tracking
- Ensure functional equivalence: No feature downgrade for paying users
- Allow reversion: Users can switch back to ad-supported at any time
- Documentation: Keep price calculations verifiable (accountability, Art. 5(2) GDPR)
Technical details on cookie wall detection can be found on our methodology page.