Pay or Okay has already been scrutinized by the EU privacy machinery and deemed compliant with the GDPR. As we discuss in the Pay or Okay episode of the Mobile Dev Memo podcast, the Pay or Okay model is widely used throughout the EU in compliance with the GDPR, primarily by news publishers like Der Spiegel, Bild, and Zeit. The model has been interrogated under the restrictions of the GDPR and deemed permissible. The EC’s objection to Meta’s use of Pay or Okay hints at a vague interpretation of the DMA that proscribes the “accumulation of personal data by gatekeepers” that is absent in the text. Further, that nebulous aspiration orbits the regulatory influence of privacy, not competition, which is the DMA’s purview. By the same token: the EDPB, which enforces the GDPR, will issue guidance on Meta’s use of the Pay or Okay model imminently. Why would the EC need to investigate the model separately under the guise of competition concerns?
Eric Seufert
This article is highly misleading, all in the name of defending Meta’s advertising business and tracking practices. ‘Pay or Okay’ being adopted by some publishers does not mean it’s ‘widely’ used (notice how the only examples given are German newspapers, revealing that it’s not in fact that common throughout Europe); moreover, doing something in practice doesn’t make it compliant overnight – see how Uber, Lyft, and Airbnb regularly skirted local regulations to grow their platforms riding on the power imbalance between VC-backed US corporations and urban authorities.