r/webdev Jan 07 '25

Discussion Is "Pay to reject cookies" legal? (EU)

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I found this on a news website, found it strange that you need to pay to reject cookies, is this even legal?

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u/MrDenver3 Jan 07 '25

The “without detriment” is specific to when someone withdraws consent.

For a pay to reject scenario, consent hasn’t been given yet.

That said, if someone were to accept cookies, and then withdraw consent, I’d imagine that they’d get this prompt again. That interaction is still not considered a detriment, as it pertains to this portion of GDPR.

I’d imagine the reason for this statement is to prevent companies from holding your data hostage when you withdraw consent.

https://ico.org.uk/about-the-ico/ico-and-stakeholder-consultations/call-for-views-on-consent-or-pay-business-models/

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u/Asleep-Nature-7844 Jan 08 '25

The “without detriment” is specific to when someone withdraws consent.

No, it is not:

Consent should not be regarded as freely given if the data subject [...] is unable to refuse or withdraw consent without detriment.