Giving yourself away for training? The problem of ‘Pay or Okay’ for Generative AI

This paper problematises whether valid consent can be given for lawful processing of personal data under the GDPR when generative AI companies present a framework of binary choice of ‘pay or okay’ to data subjects, under which the latter must either subscribe to a paid version of the generative AI service if they want additional privacy, or use a free version but consent to offer their personal data for generative AI training. It does so by engaging with a recent EDPB’s opinion on the issue of 'pay or okay' regarding consent for behavioural advertising by large social media platforms, to examine the validity of consent given under these circumstances in the context of generative AI.