Brussels, BELGIUM — The Computer & Communications Industry Association (CCIA Europe) has expressed concerns regarding the European Data Protection Board (EDPB)’s Opinion 08/2024 on valid consent in the context of ‘pay or consent’ models used by large online platforms.
In a statement attributed to CCIA Europe’s Senior Policy Manager, Claudia Canelles Quaroni, the organization criticized the EDPB's approach, stating, “With an approach targeted predominantly at large online platforms, the EDPB risks opening a Pandora’s box. A two-speed data protection regime would set a dangerous precedent and directly contradicts the GDPR’s goal of a single, harmonised standard for data protection within the European Union. This would create confusion, reduce legal certainty for businesses and ultimately weaken individuals’ rights.”
Canelles Quaroni further added, “Forcing businesses to offer services at a loss is unprecedented and sends the wrong signals at a time when European leaders are looking to increase the bloc’s competitiveness. This would go against one of the basic principles of an open market economy and the freedom to conduct a business. The notion that contextual advertising may be a suitable alternative for all businesses to generate revenue is unrealistic.”
The statement also emphasized the importance of companies having the flexibility to offer paid-for versions of their services. Referring to the Bundeskartellamt ruling of the CJEU, Canelles Quaroni highlighted that “companies can choose how they comply with the EU’s legislative requirements.”
CCIA Europe’s response underscores the potential implications of the EDPB’s opinion on the operations of large online platforms and the broader digital economy.
