This study critically examines the legal and technical frameworks surrounding cookie paywalls, particularly their compliance with GDPR regulations. Building on the Linee guida sui cookie e altri strumenti di tracciamento issued on June 10, 2021, the paper delineates the key differences between technical, profiling, and analytical cookies, emphasizing their role in behavioral advertising and user experience customization. The concept of cookie walls, defined as "take it or leave it" mechanisms, is evaluated against the GDPR's definition of consent, which must be free, informed, and devoid of coercion.
The analysis extends to cookie paywalls, a hybrid model prevalent among digital publishers, which offers users a choice between consenting to data tracking or paying for content access. This model raises ethical and legal concerns regarding user freedom and genuine consent. Recent rulings from European authorities, including Austria’s DSB and the European Data Protection Board (EDPB), are discussed to illustrate divergent interpretations of such practices. The EDPB's firm rejection of "pay or okay" systems underscores the intrinsic value of personal data, advocating for alternatives that respect user privacy without economic discrimination.
The paper concludes by highlighting the tension between monetizing digital content and safeguarding individual privacy. It calls for a reevaluation of data as a tradable commodity, proposing stricter regulatory measures to prevent the commodification of personal information. Ultimately, the study underscores the necessity of framing personal data as an extension of individual identity, rather than a commercial asset, in alignment with the core principles of the GDPR.
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