Are cookie walls ("consent or pay") allowed?
Only under strict conditions. EDPB 2024 guideline: alternative must be truly equivalent, price proportionate, no exclusivity on free route.
A cookie wall (or "consent or pay" model) — you must either accept cookies or take a subscription to use the site — is a grey area. Long banned in NL: AP enforcement policy 2019 declared hard cookie walls unlawful (no free consent if alternative = no access). But: EDPB Opinion 08/2024 on consent or pay opened doors — under strict conditions: (1) Truly equivalent alternative — paid version must offer all functionality without tracking. (2) Proportionate price — typically max €1-€5/month for consumer publications. (3) No exclusive content on the free (with-cookies) route. (4) Granular choice — not "all" vs "pay". (5) Transparent info on what data collected + why. What is NOT allowed? No alternative (free cookie-free or paid) — pure cookie wall remains unlawful. Price as barrier ("€50/month or cookies"). Pre-checked cookies. 2026 status: multiple NL publishers (NRC, Volkskrant) experimenting with consent-or-pay. AP still investigating (likely outcome: tightening conditions). Meta itself: 2024 EDPB decision that Meta's "subscription for no ads" model is NOT valid — disproportionately expensive, free route not really free. Complaint: AP — on suspected invalid cookie wall.
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