this post was submitted on 17 Nov 2025
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Gdpr seemed like it was designed to ban this, but lately companies (especially German ones?) seem to be trying this. I guess it won't be resolved without a big, slow, expensive court case.
GDPR wasn't designed to prevent this. It's a simple choice: accept tracking and get stuff for free OR pay them for stuff with no tracking.
Everything doesn't have to be free on the Internet
Some companies got into trouble because their pop-ups weren't clear enough as to the consumer's rights per GDPR. So they paid the fine and fixed their wording.
When I want to read something e.g. on t-online.de, I do it in a private browsing window. Not perfect, because of fingerprinting, but better than nothing. Or I skip the article and go somewhere else.
Tracking via cookies means gathering personal data, the exact thing GDPR regulates. GDPR says that data must not be collected except on one of a few lawful bases, one of which is consent. Article 7 clause 4 of the GDPR says:
to me this reads like: "consent does not count if you need to agree in order to access a service" and that they imagined consent as being, "yes, you can have my personal data to serve me personalised ads, because I'd rather have personalised ads than generic ones," which some people (probably not many here!) do think. However, it's only expressed as "account shall be taken" when determining whether consent was "freely given" and the lawful basis does not specify that consent must be "freely given," which is where I imagine these kinds of gaps creep in.