Compatibility of Subscription-Based Models with Article 5(2) of the DMA

At the intersection of data protection and digital competition law, subscription-based models - also known as "Pay or Consent" - test the limits of user autonomy and regulatory coherence. The study shows that the DMA's notion of "specific choice" mirrors GDPR consent, challenging the European Commission's approach. Drawing on case law, legislative history, and regulatory practice, it clarifies that gatekeepers can comply with a subscription-based model without undermining user rights or innovation. Thomas Hoeren (Prof. Dr. ) is Director of the Institute for Information, Telecommunications and Media Law (ITM) at the University of Münster, Germany. Nora-Marie Fuchs is a research assistant and PhD candidate at the ITM.