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Hamburg: NOYB files complaint against HmbBfDI over 'pay or ok' model decision
On August 1, 2024, none of your business (NOYB) announced it had filed a complaint against the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) with the Hamburg Administrative Court following the HmbBfDI's decision in relation to the 'pay or ok' consent banner on DER SPIEGEL's website.
Background to the complaint
NOYB had initially filed a complaint against DER SPIEGEL in 2021 regarding the 'pay or ok' consent model which allowed access to the news magazine to use personal data or required a paid subscription. The HmbBfDI, in its decision, found no violation of the General Data Protection Regulation (GDPR) by DER SPIEGEL.
In its complaint, NOYB alleged that HmbBfDI provided legal advice to DER SPIEGEL during the proceedings and, according to the GDPR, data protection authorities are supposed to sensitize companies but not advise them. Their task is to investigate complaints and make an impartial decision based on their investigations. Therefore, NOYB requested the Hamburg Administrative Court to overturn the HmbBfDI's decision.
You can read the press release here.
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