Ch.16 Citizen Rights Online: GDPR, DSA, DMA Scenario
Question

Why is a binary "pay or accept tracking ads" model controversial in EU law?

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Answer

Consent may not be freely given if the alternative is not genuinely equivalent or fair.

This issue sits at the intersection of GDPR consent and DMA gatekeeper obligations.

EPSOHQ Digital Skills DB / EU digital acquis
Deep dive

Pay-or-consent: the false equivalence trap

Consent is invalid if the paid alternative isn't genuinely equivalent, so a binary pay-or-accept-tracking model often fails EU law.

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