The future of the “pay or OK” model has sparked a lively debate in the privacy community, particularly following its implementation by Facebook and Instagram. The EU Court of Justice has suggested that an alternative to consenting to personal data processing could be offered for an “appropriate” fee. But what constitutes an “appropriate” fee? In this workshop, we will bring together experts in privacy law and in economic analysis of law, as well as industry representatives, to discuss the extent to which the appropriateness of “pay or OK” fees is an economic question. We will also explore the methods that businesses and data protection authorities could use to determine whether a fee is appropriate. Additionally, we will raise the provocative question of what it would mean for privacy authorities to require a business to provide a service below cost.
