Consent or Pay (Personalised Advertising) - Guidance Notes

Personal data is widely used online for a variety of purposes, not least in the context of personalised advertising.

The current legal requirements governing the use of personal data for personalised advertising stem primarily from the UK GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Online privacy is of great importance, both to businesses and to users, particularly in light of the UK GDPR. Users are often concerned about the use of their personal data for marketing purposes, particularly when they are not given much practical choice.

Online services can offer alternatives to using users’ personal data for personalised advertising. Sometimes, this may take the form of contextual advertising, based on the content of the particular page a user is viewing. In other cases, it may be possible to charge users for ad-free access.

This approach is known as the consent or pay model and, as its name suggests, it gives users the choice between consenting to personalised advertising or paying to access a site or service without it.

These Guidance Notes explain what consent or pay models are, and set out the Information Commissioner’s Office’s position on such models, covering key issues including the importance of user consent being “freely given”.

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