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It is a grey zone. Some of the data protection authorities in EU have said that it's okay to do pay or consent while others have said it's not okay and it hasn't been tested by the EU court yet.

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I think the law is actually pretty clear on that front, that it is not ok, but in the meantime, all the big publishers do it and make so much money, they actually don't care much about fines, especially given the chance they might get levied against a competitor first, at which point they can quickly change that behaviour.

As so often, the biggest GDPR problem is missing enforcement.

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