Noyb Challenges Hamburg DPA Over Der Spiegel’s Pay or OK Model
Noyb, a prominent non-profit organization founded by Austrian lawyer Max Schrems, has taken legal action against the Hamburg data protection authority (HmbBfDI) to challenge its recent ruling that deemed the “pay or OK” model of the German newspaper Der Spiegel lawful. This model requires users to either pay for access to the website or consent to certain terms, which include data storage and processing for personalized advertising. Noyb argues that the DPA provided legal advice to Der Spiegel in a prior case, compromising its impartiality.
The controversy began when Noyb filed a complaint under the General Data Protection Regulation (GDPR) in 2021 regarding Der Spiegel’s banner. After three years of deliberation, the HmbBfDI ruled in favor of Der Spiegel, stating that the model was permissible. During this time, the authority maintained close contact with the newspaper, providing feedback on proposed changes and charging Der Spiegel €6,140 in administrative costs, while not considering input from Noyb.
Noyb’s lawsuit, now presented to the Hamburg Administrative Court, asserts that the HmbBfDI acted in dual roles as both legal advisor and judge for Der Spiegel. Noyb’s lawyer, Raphael Rohrmoser, emphasized that the authority’s actions suggest it provided legal guidance rather than merely informing the newspaper about compliance with the GDPR. The organization contends that the requirement for users to pay for basic rights should not be classified as voluntary consent.
The “pay or OK” model has faced criticism from both the public and EU authorities. The European Commission recently indicated that a similar model used by Meta violates digital competition rules, as it does not offer users an equivalent choice without data collection. Additionally, the European Data Protection Board expressed concerns about the compliance of such models with EU data privacy regulations. Noyb has also filed complaints regarding Meta’s approach, further highlighting the ongoing debate surrounding user consent and data privacy.
Source: New Noyb lawsuit says Hamburg data watchdog acted as lawyer for German newspaper
