Tracking Walls, Take-It-Or-Leave-It Choices, the GDPR, and the ePrivacy Regulation

On the internet, we encounter take-it-or-leave-it choices regarding our privacy on a daily basis. In Europe, online tracking for targeted advertising generally requires the internet users' consent to be lawful. Some websites use a tracking wall, a barrier that visitors can only pass if they consent to tracking by third parties. When confronted with such a tracking wall, many people click 'I agree' to tracking. A survey that we conducted shows that most people find tracking walls unfair and unacceptable. We analyse under which conditions the ePrivacy Directive and the General Data Protection Regulation allow tracking walls. We provide a list of circumstances to assess when a tracking wall makes consent invalid. We also explore how the EU lawmaker could regulate tracking walls, for instance in the ePrivacy Regulation. It should be seriously considered to ban tracking walls, at least in certain circumstances.

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Publication Details

Journal
arXiv (Cornell University)
Published
2025-10-29
DOI
https://doi.org/10.48550/arxiv.2510.25339
Primary Topic
Privacy, Security, and Data Protection
Type
article
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article

Tracking Walls, Take-It-Or-Leave-It Choices, the GDPR, and the ePrivacy Regulation

Sophie C. Boerman, Frederik Zuiderveen Borgesius, Natali Helberger, Sanne Kruikemeier
arXiv (Cornell University)
Privacy, Security, and Data Protection
article

Tracking Walls, Take-It-Or-Leave-It Choices, the GDPR, and the ePrivacy Regulation

Sophie C. Boerman, Frederik Zuiderveen Borgesius, Natali Helberger, Sanne Kruikemeier
article en

Abstract

On the internet, we encounter take-it-or-leave-it choices regarding our privacy on a daily basis. In Europe, online tracking for targeted advertising generally requires the internet users' consent to be lawful. Some websites use a tracking wall, a barrier that visitors can only pass if they consent to tracking by third parties. When confronted with such a tracking wall, many people click 'I agree' to tracking. A survey that we conducted shows that most people find tracking walls unfair and unacceptable. We analyse under which conditions the ePrivacy Directive and the General Data Protection Regulation allow tracking walls. We provide a list of circumstances to assess when a tracking wall makes consent invalid. We also explore how the EU lawmaker could regulate tracking walls, for instance in the ePrivacy Regulation. It should be seriously considered to ban tracking walls, at least in certain circumstances.

arXiv (Cornell University)
Radboud University Nijmegen (NL), University of Amsterdam (NL)
Peace, Justice and strong institutions, Decent work and economic growth
Privacy, Security, and Data Protection
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Tracking Walls, Take-It-Or-Leave-It Choices, the GDPR, and the ePrivacy Regulation — Sophie C. Boerman, Frederik Zuiderveen Borgesius, et al. · arXiv (Cornell University) (2025) | TGRS Research Map | TGRS