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Cookie paywalls allow visitors of a website to access its content only afterthey make a choice between paying a fee or accept tracking. European DataProtection Authorities (DPAs) recently issued guidelines and decisions onpaywalls lawfulness, but it is yet unknown whether websites comply with them.We study in this paper the prevalence of cookie paywalls on the top one millionwebsites using an automatic crawler. We identify 431 cookie paywalls, all usingthe Transparency and Consent Framework (TCF). We then analyse the data thesepaywalls communicate through the TCF, and in particular, the legal grounds andthe purposes used to collect personal data. We observe that cookie paywallsextensively rely on legitimate interest legal basis systematically conflatedwith consent. We also observe a lack of correlation between the presence ofpaywalls and legal decisions or guidelines by DPAs.

Legitimate Interest is the New Consent -- Large-Scale Measurement and Legal Compliance of IAB Europe TCF Paywalls