Betalen of accepteren als enige keuze
Het eerste scherm biedt betalen of instemmen met doelen van derden, en geen pad dat weigert en toch bij de inhoud komt.
- Familie
- Toestemming
- Status
- actief
- Geldt voor
- web, mobile-app
Wat er gebeurt
Before any content is shown, the visitor is offered two ways forward: pay for a subscription, or accept processing for advertising and measurement by third parties. There is no third path. A refusal exists on paper, and that is what the payment is for, but exercising it costs money and the price is set by the party asking for the consent.
Waarom het ertoe doet
Consent has to be free, and here it is weighed against access to information. The people for whom the price is real are the ones with the least room to refuse, so the arrangement buys consent from those who can least afford to withhold it. And the choice returns on every site, which no household budget survives.
Veelvoorkomende oorzaken
- a subscription introduced as the alternative that is supposed to make the consent free
- an advertising operation that cannot run without the third-party purposes, so no third path is designed
- a price set at the level of a full subscription rather than at the value of the advertising it replaces
- the paid tier keeping some of the same purposes, which is only visible in a capture
Dit is het níet
A banner with no refusal control at all is No refusal option: here a refusal exists and it has a price. A refusal that changes nothing in the traffic is Refusal without effect: here the refusal works, and the question is whether it was free.
Hoe je het vaststelt
Indicator
On the first screen the paths that reach the content are exactly two: one that registers a positive consent state for third-party purposes, and one that requires payment. No control reaches the content with a negative consent state registered. Establish it by taking every path from a clean profile and recording the resulting state.
Methode
differential
Kwaliteit van de detectie
90 van 100
De grenzen van deze bevinding
Wat dit patroon zou weerleggen
- A third path exists that reaches the content with a refusal registered, however unattractive it is made.met de hand te toetsende bevinding vervalt
- The wall covers part of the offering while the rest is reachable without either choice.met de hand te toetsende bevinding wordt zwakker
- The accepting path registers a refusal for third-party purposes and permits only the operator's own.machinaal te toetsende bevinding krijgt een ander patroonThe choice is then between paying and being measured by the operator itself, which is a narrower question than this entry.
- The paid path is free of the third-party purposes and the price is stated before the choice is made.met de hand te toetsende bevinding wordt zwakkerThis does not dispose of the freedom question, but it removes the compounding one, where paying buys nothing.
Wat dit patroon níet vaststelt
- harm; the catalogue standardises a finding so it can be referred to, it does not weigh it
- severity; there is no score here, by design. Weighing belongs to whoever applies the entry to a concrete case
- unlawfulness; that is for a supervisory authority or a court
- intent; a fault is usually a build decision, not a plan
- absence: not finding it in one capture is not evidence that it is not there
Reproduceren
- manual
METHOD.mdno dedicated reproduction exists yet; follow the general method and the indicator above
Juridisch kader
Bepalingen
Veelgehoorde tegenwerpingen
Nobody is forced; there is a paid alternative.
That is the point at issue. Refusing then costs money, and consent has to be free of exactly that weighing.
Journalism has to be paid for.
It does, and a subscription is a lawful way to do it. What is at issue is the pairing: the price is set against the consent rather than against the advertising revenue the consent produces.
Supervisory authorities have accepted this model.
Positions differ per authority and are moving. Cite the position of the authority competent for the party, with its date. The measurement is the same whatever that position becomes.
The paid tier has no advertising.
Testable in a capture of the paid path. Where third-party purposes persist behind the payment, the two options collapse into one.
Geldt wanneer
to-processing