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0 pointsdogma11385y ago0 comments

Yes you can, you can provide an add supported service with tracking and a paid one without.

Both via legitimate interest and consent.

0 comments

The service cannot be dependent on the acceptance of third party cookies, no. That is, the service provided to those that reject third party cookies cannot be worse (slower or incomplete, for example) compared to the visitors who accept cookies.

So you can supply an ad supported version and a paid version without ads, but you cannot require that those that choose the ad supported version must accept tracking ads.

dogma1138OP5y ago

I have gotten confirmation from several DPAs that state a very different interpretation.

You can’t segregate the same service, two distinct services one that is provided with ads that include 3rd party cookies and a separate paid service that does not is perfectly fine.

What you cannot do is to create multiple tiers in a free service based on different levels of tracking.

alkonaut5y ago

That sounds like an extremely business friendly interpretation of the regulation. Creating a separate service (the paid one) shouldn’t in any way change the circumstances for the first service (the one with ads).

What you are describing sounds like a business can simply declare “well untargeted ads doesn’t pay enough so the options are tracking ads or paid subscriptions”. The regulation shouldn’t and doesn’t let a site make that decision. It would make it completely useless!

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notimetorelax5y ago

I was careful in my post to write tracked vs untracked. Sure they can show the ads, just don’t track me unless I consent.

j / k navigate · click thread line to collapse

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alkonaut5y ago

So you can supply an ad supported version and a paid version without ads, but you cannot require that those that choose the ad supported version must accept tracking ads.

dogma1138OP5y ago

I have gotten confirmation from several DPAs that state a very different interpretation.

You can’t segregate the same service, two distinct services one that is provided with ads that include 3rd party cookies and a separate paid service that does not is perfectly fine.

What you cannot do is to create multiple tiers in a free service based on different levels of tracking.

alkonaut5y ago

1 more reply

notimetorelax5y ago

I was careful in my post to write tracked vs untracked. Sure they can show the ads, just don’t track me unless I consent.

j / k navigate · click thread line to collapse