The Emergence of “Pay or Consent”

Under these models, companies commoditise privacy, turning it from a universal right into a luxury product. Users unable to afford the cost are coerced into agreeing to invasive tracking practices, allowing companies to harvest vast amounts of personal data. While this may benefit businesses, it undermines individual autonomy, widens social inequality, and erodes public trust in digital services.

The European Data Protection Board (EDPB) and other regulatory authorities have criticised these models, emphasising that genuine consent must be free of coercion or detriment. Yet inconsistent enforcement has enabled companies to exploit legal grey areas, bypassing GDPR’s requirements.

Privacy as a Human Right

The commoditisation of privacy has significant consequences. It creates a two-tiered digital society where only the financially privileged can protect their data. This deepens the digital divide and perpetuates social inequality. Moreover, behavioural advertising which is central to these models, raises concerns about discrimination, manipulation, and heightened security risks.

The European Charter of Fundamental Rights affirms that privacy is inalienable and cannot be treated as a commodity. However, gaps in enforcement have allowed corporations to place profit over people’s rights, jeopardising both individuals and communities.

The Need for Stronger Enforcement

To address these challenges, regulators must prohibit “pay or consent” practices. Clearer guidelines are necessary to close existing loopholes and ensure consistent enforcement across EU member states. Additionally, fostering privacy-friendly business models, such as contextual advertising, can balance user rights with sustainable revenue streams.

A Call to Action

As GDPR reaches a pivotal moment, the future of data protection depends on the EU’s resolve to uphold its principles. Will privacy remain a fundamental right, or will it become a privilege for the few? Ensuring a fair digital future means reaffirming privacy as a universal right, demanding transparency, and fostering innovations that respect individual freedoms.