Court decides "Pay or Okay" on DerStandard.at is illegal
5 days ago
- #Consent
- #GDPR
- #Data Protection
- Austrian Federal Administrative Court confirms GDPR violation by DerStandard for 'Pay or Okay' model.
- Users must have selective consent options for each processing purpose, not just global acceptance or payment.
- DerStandard's approach led to 99.9% consent rates for tracking, contradicting genuine user choice under GDPR.
- The case may escalate to the Austrian Supreme Administrative Court and potentially the EU Court of Justice.
- Criticism highlights 'Pay or Okay' undermines GDPR's freely given consent principle, likened to 'North-Korean consent rates'.
- Austrian Data Protection Authority's initial decision was seen as political, avoiding direct criticism of news media.
- Court rejects DerStandard's appeal, emphasizing the need for granular consent, even in 'Pay or Okay' systems.
- DerStandard's attempt to label NGO actions as 'abuse of law' dismissed, upholding the legitimacy of model cases.