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Pay or OK: How Europe's Data Protection Authorities Ruled in 2024–2026

Cookie Wall Pay or OK CNIL EDPB DSB Datatilsynet

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

AuthorityCountryResultPrice ThresholdKey Argument
EDPBEURestrictive—Third option for gatekeepers
DSBATApproved*~€6/moFunctional equivalence
DatatilsynetNOProhibited—Market power, prohibitive price
CNILFRDifferentiated—Case-by-case, transparency focus
AEPDESOpen—Proceedings ongoing

*) With conditions

Practical Recommendation

  1. Check price: Under €5/month signals proportionality
  2. Consider a third option: Contextual advertising without tracking
  3. Ensure functional equivalence: No feature downgrade for paying users
  4. Allow reversion: Users can switch back to ad-supported at any time
  5. Documentation: Keep price calculations verifiable (accountability, Art. 5(2) GDPR)

Technical details on cookie wall detection can be found on our methodology page.