Season 3, Episode 10: Is Pay or Okay dead in Europe? (with Mikołaj Barczentewicz)

Mobile Dev Memo Podcast

My guest on this episode of the Mobile Dev Memo podcast is Mikołaj Barczentewicz, a law professor at, and the research director of, the Law and Technology Hub at the University of Surrey in the United Kingdom.

In this episode of the podcast, Mikolaj and I discuss the EDPB's recently published opinion on the use of the Pay or Okay model by "large online platforms." Mikolaj most recently joined the podcast in December of last year to speak with me about Meta's introduction of the Pay or Okay model. In this episode, we cover the EDPB's opinion invalidating that specific use. Topics explored in our conversation include:

• A high-level overview of the EDPB's opinion;
• How the EDPB presents Meta's use of Pay or Okay as not providing a valid consent mechanism;
• The EDPB's definition of "large online platforms";
• The other platforms to which the opinion might apply;
• The ways in which the opinion doesn't contradict the CJEU's commentary on Pay or Okay from last July;
• What happens next with respect to Pay or Okay.

Thanks to the sponsors of this week’s episode of the Mobile Dev Memo podcast:

• ⁠⁠INCRMNTAL⁠⁠⁠. True attribution measures incrementality, always on.

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