Europe-based news sites enact consent-or-pay for data tracking

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The Mirror and The Independent are UK-based news sites that have recently enacted the consent-or-pay model, creating a binary choice where readers must either consent to cookies or pay to avoid the data tracking. This consent-or-pay model began rolling out on various websites when the UK and EU passed the General Data Protection Regulation (GDPR).

Background

After the GDPR passed in 2018, some companies responded to the regulation by enacting consent-or-pay, a model where users can either consent to data tracking via cookies or must pay a small sum to reject all cookies. The purpose of the payment is to offset the loss of ad revenue per viewer.

The Mirror's cookie disclosure notice with the options of "I Agree" or "Reject and Pay."

Why is it an issue

Because it violates the the GDPR, and it is also a ethical issue regarding privacy. The European Union at EDPB, adopted the "Opinion" following the requests of Dutch, Norway, and Hamburg DPA's (Data Protection Authorities) regarding the consent or pay models deployed by large, popular platforms such as Facebook and other platforms.

According to the UK's Information Commissioner's Office, consent is defined as “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” 'Freely given' is later defined as giving people genuine choice over how their data is used, meaning they must be able to refuse consent without detriment, and must be able to withdraw consent easily at any time.

The Independent’s cookie notice with the title "Privacy - it's your choice." The notice then gives viewers the option to either "pay to remove ads" or "accept" data collection for targeted ads.

Uses

News organizations across Europe, particularly in the UK and Germany, have enacted the consent-or-pay model for website visits. Meanwhile, users will see ads regardless of monthly payment, only free of personalized ads generated from personal data.

UK News Organizations and Cookie Rejection Fee

News organization	Website	Monthly fee
The Mirror		£1.99
The Independent		£4
Mail Online		£2.70
Express		£1.99
Daily Mirror
The Sun		£4.99
Reach		£1.99

In The Sun's frequently asked questions, they answer what Pay to Reject is with this explanation on their website:

"In response to recent enforcement action by the UK Information Commissioner against publishers, we have been forced to introduce new technology to ask our subscribers to consent to the advertising cookies that support our journalism, or pay a monthly fee that means we don’t need to use them."

This answer is a response to the General Data Protection Regulation, a regulation aimed at protecting internet users from data exploitation.