Consent or pay
Contents
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About this guidance
- What do you mean by consent or pay?
- Are “consent or pay” business models compliant with data protection law?
- Why have you produced this guidance?
- How are “consent or pay” models different from the “take it or leave it” approach?
- Who is this guidance for?
- How is this guidance structured?
- How should we use this guidance to demonstrate our compliance?
- What does the law say?
- What about other areas of law?
- Can we offer consent or pay models to children?
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Power imbalance
- What do you mean by “power imbalance”?
- Why is power imbalance relevant to “consent or pay”?
- How do we assess whether there is a clear power imbalance?
- What do you mean by our position in the market and how is it relevant to power imbalance?
- How do we consider our position in the market in our assessment of power imbalance?
- What do you mean by barriers to users switching and how might they affect our assessment of power imbalance?
- What if there’s a risk of a clear power imbalance?
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Appropriate fee
- Why is an appropriate fee relevant to “consent or pay”?
- What do you mean by an “appropriate fee”?
- Are pricing decisions about the core product or service the concern of data protection law?
- How do we assess whether the fee is appropriate?
- What methods can we use to assess whether the fee is appropriate?
- Can we charge for our products and services?
- What if the fee isn’t appropriate?
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Equivalence
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Privacy by design
- Why is privacy by design relevant to “consent or pay”?
- What do you mean by “privacy by design”?
- How should we approach privacy by design?
- How should we present the options to people?
- How should we design the “consent” option?
- How should we design the “pay” option?
- What if someone wants to leave the product or service?
- How should we integrate the right to withdraw consent?
- What is user testing and how can we do it?
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Case studies