GDPR
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Pay or Consent Models in Europe: Already Outdated or an Overlooked Crisis in Freely Given Consent?
The transition from free digital services to paid models has sparked significant debate, particularly concerning the Pay or Consent model which allows users to either pay for services or consent to data processing. This study examines the model’s compliance with the requirement of freely given consent under data protection laws, focusing on decisions and guidelines from courts, data protection authorities and the European Data Protection Board (EDPB). It critically evaluates the applicability of a uniform standard across all online service providers, exploring whether a differentiated approach for large platforms versus smaller providers is more appropriate. Additionally, the study discusses the appropriateness of establishing such a standard at this stage, given the novelty and evolving nature of these models and the scarcity of empirical evidence.
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TILTing 2024 Special Issue introduction
The 8th edition of the TILTing Perspectives Conference took place over three days in July 2024, with the theme “Looking back, moving forward: Re-assessing technology regulation in digitalized worlds”. The conference was organized by a team of academics (TILTies) at the Tilburg Institute for Law, Technology, and Society (TILT) comprising Sunimal Mendis as academic lead, Friso Bostoen as co-academic lead and six Track Leaders. Aviva de Groot led Track A (AI as a Knowledge-making Power in the Majority Worlds) and the Deep-Dive Panel on Teaching about AI and Society. Gijs van Maanen led Track B (Problematizing ‘Data Governance’) and Brenda Espinosa Apráez led Track C (Regulation and Innovation in Digital Markets). Track D (Regulating Sectors in Transition: Energy, Finance & Health) was led by Max Baumgart and Track E (AI and Data Protection) by Marco Bassini. Shweta Degalahal was the leader of Track F (The Evolving Cybersecurity Landscape and Regulatory Approaches in Cybersecurity).
As the conference coincided with the 30th anniversary of TILT, we considered this a fitting moment to take stock of decades of technology regulation and how it impacts our lives and the digitalized worlds around us. We specifically aimed to explore the following questions as part of our mission to “look back, move forward”:
What has been accomplished? By whom? And where? What is missing? Who is missing? What can we say about the relations between technology-focused regulation and other regulatory foci and modes of standard-setting?
