An Attack on Digital Sovereignty
In an era where data is the new oil, large online platforms like Meta have introduced a new trick to keep their profit machines running: the “Consent or Pay” model. This practice, which is being scrutinized by the European Data Protection Board (EDPB) and other data protection authorities, carries significant drawbacks for society that are worth critically examining.
The Illusion of Choice
The “Consent or Pay” model presents itself as a fair alternative: users can either consent to the processing of their personal data or pay a fee to avoid this processing. However, behind this seemingly simple choice lies a complex dynamic that undermines the fundamental principles of data protection rights.
As Edward Snowden would put it: “This model is nothing but a modern form of extortion. It forces people to choose between their privacy and their wallet, which in many cases is not a real choice.” The EDPB has emphasized that such models are only justified if users have a “free and genuine choice,” which is rarely the case[2][5].
Detriment and Coercion
A central point of criticism is the concept of “detriment” – the disadvantages users suffer if they refuse their consent. Max Schrems’ organization NOYB argues that the “Consent or Pay” model imposes a coercion on users that violates the principles of the GDPR. If users refuse to consent to data processing, they must pay a fee, which is clearly to their detriment[2][5].
The EDPB has noted that these models are particularly problematic when used by dominant actors, as they have disproportionate power over users. This leads to inequality, where smaller providers and disadvantaged groups are particularly hard hit[2][5].
Market Power and Inequality
Large online platforms like Meta possess immense market power that allows them to corner users. The EDPB has pointed out that such models are especially problematic when used by dominant actors, as they have disproportionate power over users. This leads to inequality, where smaller providers and disadvantaged groups are particularly hard hit[2][5].
Tobias Judin, the head of the international department at the Norwegian Data Protection Authority, has succinctly stated: “This is a critical turning point. Is data protection a fundamental right for all, or is it a luxury reserved for the rich? The answer will shape the internet for years to come.”[2]
The Commercialization of Fundamental Rights
The “Consent or Pay” model normalizes the idea that data protection is a luxury good that one must buy. This undermines the fundamental principles of the GDPR, which establish the protection of personal data as an inalienable right. The EDPB emphasizes that fundamental rights to data protection should not be turned into a tradable commodity accessible only to those who can afford it[2][5].
Conclusion
The “Consent or Pay” model is more than just a business strategy; it is an attack on the digital sovereignty of citizens. It creates a world where privacy is no longer a right but a luxury service. The EDPB and other data protection authorities must address this challenge and ensure that the fundamental principles of data protection rights are not undermined by economic interests.
In a world that is increasingly digital, it is essential to protect our rights and freedoms and ensure that the digital economy is built on a solid ethical and legal foundation. The “Consent or Pay” model is a step in the wrong direction and must be critically viewed and combated.
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