Published:
February 6, 2026
Last Updated:
6.2.2026
February 6, 2026

The Price of Privacy: Navigating Pay-or-Consent Models in the EU Digital Economy

0 min read

We are pleased to share with you Andersen’s latest IP, ICT & Data publication.

By
Andersen Malta

We are pleased to share with you Andersen’s latest IP, ICT & Data publication, The Price of Privacy: Navigating Pay-or-Consent Models in the EU Digital Economy.

As more digital services require users to either pay or consent to the processing of their personal data, important legal and business questions arise around the validity of consent and the compliance of these models with EU law.

This guide explores key risks and regulatory considerations under the GDPR, as well as consumer, competition and Digital Markets Act (DMA) frameworks, and provides practical guidance for businesses navigating this evolving landscape.

Among the key topics covered:

  • Pay-or-consent models and the monetisation of personal data in the EU digital economy
  • Whether consent can be considered “freely given” under the GDPR when refusal comes at a cost
  • Increasing scrutiny under consumer law, competition law and the DMA

You can read the full publication here: https://docdro.id/NgyY09i

More About the Authors

This whitepaper brings together the combined expertise of leading practitioners across the Andersen network. It is co‑authored by Themistoklis Giannakopoulos, Andersen Legal in Greece and European IP, ICT & Data Protection Service Line Coordinator; Danielle Mercieca, Senior Associate – Technology at Chetcuti Cauchi Advocates, Malta’s member firm of Andersen Global; and Alexandra Athitaki, Associate at Andersen Legal in Greece.

In this collaboration, Danielle contributed her depth of experience in data protection, digital regulation and technology law, offering practical insights on the implications of pay‑or‑consent models for businesses operating within the EU digital landscape.

We hope you find these insights useful, and our team remains at your disposal to discuss any of the topics covered in more detail.

Our Advisors

Dr. Maria Chetcuti Cauchi

Dr. Maria Chetcuti Cauchi

Managing Director
Dr. Priscilla Mifsud Parker

Dr. Priscilla Mifsud Parker

Managing Director
Dr. Charlene Mifsud

Dr. Charlene Mifsud

Director
Dr. Natasha Cachia

Dr. Natasha Cachia

Director
Jessica Desira

Jessica Desira

Manager, Corporate Tax
Joanna Waszewska

Joanna Waszewska

Manager, Corporate & Trust Services
Charlene Ciantar

Charlene Ciantar

Manager, Corporate & Trust Services

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The Price of Privacy: Navigating Pay-or-Consent Models in the EU Digital Economy