Noyb Sues Hamburg Data Watchdog Over Der Spiegel's Payment Model

On August 1, the non-profit organization Noyb, founded by prominent privacy advocate Max Schrems, initiated legal action against the Hamburg data protection authority (HmbBfDI) to contest its ruling that the German newspaper Der Spiegel's "pay or OK" model complies with data protection laws. Noyb argues that the authority's close collaboration with Der Spiegel, including providing legal advice and feedback on the model, undermines its impartiality in the case. Noyb's complaint, originally filed in 2021 under the General Data Protection Regulation (GDPR), highlighted concerns over the legality of Der Spiegel's payment model, which requires users to pay for ad-free access. The organization claims that the HmbBfDI's actions effectively positioned it as both a legal advisor and a judge, compromising the integrity of the decision-making process. Noyb's lawyer, Raphael Rohrmoser, emphasized that the authority's involvement raises significant questions about the legitimacy of the ruling. The "pay or OK" model has faced widespread criticism from the public and EU authorities alike. The European Commission recently indicated that similar practices employed by Meta violate digital competition rules, asserting that users are not offered a genuine choice when payment is required for an ad-free experience. Furthermore, the European Data Protection Board has expressed concerns regarding the compliance of such models with EU data privacy regulations. Noyb has also filed complaints against Meta's use of the "pay or OK" model, reflecting a broader push for accountability in data protection practices across the EU.