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GDPR does not allow forcing you to get a consent by preventing you from using the service:

"Consent is presumed not to be freely given if it does not allow separate consent to be given to different personal data processing operations despite it being appropriate in the individual case, or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance."

Since GDPR clearly does not consider ad-tracking cookies as "necessary for the performance of service", this should be against the spirit of the law. I guess it's up for the BfDI and relevant state-level commissioners to prosecute this and I don't know what is their stance, but this type of behavior does not seem compliant.

Of course, there are many other types of non-compliant behavior. Most cookie banners out there make rejecting cookies harder than accepting, and there are many cookie walls that block you from accessing the site at all until you dismiss them. These are clearly non-compliant, but prevalent. Even oversized or disruptive banners that goad you to click "I Agree" in order to dismiss them, cannot be considered as "freely-given consent".




They aren't preventing you from using the service. You can consent to the cookies, or also choose to pay.

Which of course requires an account, which requires a cookie, which is then tied to your payment details, and therefore far less private than ads, but that's GDPR for you. A nonsensical law in which nobody involved thought anything through.




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