Pay or Consent models & EU Regulatory Developments

13 March 2024



Digital marketing and personalisation: Regulatory developments and Pay or Consent models.

Time and Date: 15.00 GMT, Wednesday 13 March 2024
Duration: 90 mins
Location: Online
CPE Credits: 1.5

Please Note: This webinar was not recorded

Personalised advertising enables businesses of all sizes – particularly SMEs – to find customers most likely to be interested in what they offer, which creates value. Personalised online advertising is a legitimate business model, generating positive impact for the EU economy.

Pay or Consent models, to be specific, are a legitimate and widely endorsed compliance solution that has long been utilised by various online businesses, enabling them to collect valid and freely-given ePrivacy Directive/GDPR consent while ensuring services and content are financed.

However, and despite the clear endorsement of these models by the CJEU in its recent July ruling (C-252/21), the implementation of subscription models by many operators in different sectors have shown contrasting opinions on the models, some attempting to cast doubt on them whereas others continue to uphold the approach.

In this panel, the speakers will present critical analysis on the latest regulatory affairs by exploring relevant laws and judicial decisions as well as dissecting the pay or consent model, its legitimacy and features that are the particular focus of passionate discussions between companies, consumer groups and regulators.

On 13 February this year, the European Data Protection Board (EDPB) had on the agenda of its plenary meeting “Request for mandate on consent or pay guidance.” This clearly shows that the Data Protection Authorities are actively discussing these issues now. However, it is unclear which aspects they will consider in view of the CJEU decision and other EU legislation that regulates behavioural ads as well as price decisions.


  • Dr. Sachiko Scheuing, European Privacy Officer, Acxiom & Co-chair, FEDMA Federation of European Data and Marketing, Belgium
  • David Pfau, Head of Data & Privacy, Conreri Digital Development, Germany
  • Etienne Drouard, Partner, Hogan Lovells, France

Chair: Cecilia Alvarez, Director of Privacy Policy Engagement, Meta, Spain

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