Episode 47: The Datatilsynet's Tobias Judin on consent

This week, Tobias Judin from Norway's data protection regulator, the Datatilsynet (and EDPB representative), joins host Alan Chapell to talk about trust, (mis)aligned incentives, and consent in the European ads marketplace. We go deep on the challenges around pay or consent models for digital media as the EDPB plans to issue guidance for the larger publishing industry. Will pay or consent save the publishing industry - or become a drag on data protection law?

Alan refers to the NOYB guidance on pay or consent, so we're sharing that here: https://noyb.eu/sites/default/files/2025-07/Pay_or_Okay_Report_2025_web.pdf.

Takeaways

• Data protection can enhance a company's competitive edge.
• The EDPB aims for harmonized GDPR interpretation across Europe.
• Consent mechanisms are often misunderstood and misapplied.
• Behavioral advertising creates challenges for data protection compliance.
• The current consent model may not be sustainable long-term.
• Pay for consent could lead to inequities in data protection.
• Size and scale of data processing influence regulatory focus.
• Trust in data handling can lead to increased ad revenue.
• The GDPR's fairness principle needs reevaluation.
• Data protection is essential for supporting democracy.

Chapters

00:00 Introduction to Data Protection in Europe

01:18 Understanding the Role of the EDPB

04:42 Data Protection as a Competitive Advantage

08:41 The Challenges of Consent Mechanisms

11:54 Proportionality in Data Processing

16:42 The Future of Behavioral Advertising

21:53 The Concept of Pay for Consent

26:58 The Role of Size and Scale in Data Protection

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