GulogGratis

What happened

The Danish DPA held that GulogGratis, an online marketplace, operating a Pay-or-Okay consent mechanism, asked for consent in a way that complied with the 'freely given' requirement of Article 4(11) GDPR. The controller offered the choice between processing personal data or paying an access fee. This choice was freely given because the offered content was essentially equivalent in both cases. Also, the pricing of the access fee was not so disproportionally high that the data subject did not have a real and practical choice. However, the DPA reprimanded the controller for failing to demonstrate that it needed to obtain consent for certain statistical purposes.

Summary from GDPRhub (noyb), written by its volunteers, not by Fino. CC BY-NC-SA 4.0.

Rules involved

• Art. 6Lawfulness of processing6(1)(a)Read →
• Art. 58Powers58(2)(d)Read →

• Unlawful processing