Recently I've been seeing a lot of european (mainly german) media sites that require buying a subscribtion to opt-out from tracking.
Is that even legal?
It s very common, just phrased in various ways, and legal afaik.
Pretty much. The claim is that they offer their paid magazine in an ad-based version - which is hard to argue with, even if not doing that would nuke their sales.
Most infamously Facebook did the same thing when the EU required them to get consent from their users. Pay for a monthly subscription, or consent to tracking.
@relet @zverik well at least @noybeu thinks that's not legal: https://noyb.eu/en/ads-meta-wants-be-less-illegal-much-more-annoying
@zverik The Guardian site does that too now.
@zverik German data protection officials („Datenschutzkonferenz“) stated that this is legal. See this article, for example:
https://www.dr-datenschutz.de/tracking-oder-bezahlen-dsk-beschluss-zum-pur-abo-modell/ (German)
@MBrandtner Thank you, this reframes the question in a way that I understand, but also that puts those websites in a different light. I guess it was never about providing a choice, but about presenting which kind of business you run.
Also, I'm not sure what I agreed to on your website (with Firefox translation), but I feel okay with that :)
@zverik No way, because you need to give them your personal info to do so (and thus allowing them to sell it in the process), and the GDPR authorities and EU courts have said multiple times that you you can't coerce a pseudo-choice from someone when it comes to GDPR.
Paying vs. consenting to having your data mined is NOT a choice you can actually freely make. Not to mention it's a moot one because they'll still get your data anyway, and you can bet there's something in the ToS that says they can sell that data to third parties if you subscribe to their service.
Of course, however, until someone like @noybeu takes them to court, that will not change, unfortunately.
My reaction to that kind of shenanigans is to simply not use the site. If your business model revolves around selling user data one way or another, and extorting money for not doing so (as if you'd actually not sell it once you have it!), then I don't want to be anywhere near your business.
@nanianmichaels @noybeu Yeah thanks, those laws would not indeed prevent data gathering websites from gathering data, they just require to tell the user about that.
I too just close the page the moment I see this choice.
@zverik I think, as long as they tell you explicitly, it is legal.
@zverik@en.osm.town Legal? I‘m not sure. but you see that on pretty much any German news site nowadays
@zverik precisely targeted ad brings much more money than untargeted. They just want to monetize you better.
@skirienko To me, a targeted ad works exactly the same as untargeted: they both are blocked.