Quite a few websites started showing european visitors "You cannot use this site because of GDPR", probably based on GeoIP information.
I see two possible legal problems:
- GDPR forbids coupling of acceptance and the possibility to use. I am not sure if the GDPR wall is illegal or not as there is neither acceptance required on the page nor a possiblity to use the site.
- European citizens accessing the site when they are visiting non-european countries or via a (possibly anonymous) proxy probably have the same rights, but can access the site and will be tracked (or whatever the site does what does not comply with GDPR)
Are these walls a legal solution for these sites?
Here is an example from the Washington Post. You need to agree to tracking to continue to the site or you need to pay to avoid tracking.
Slate's implementation only offers an "agree" button, which leads you to their site, which probably uses tracking.
Slate tracks when EU readers grant consent for Slate to collect and process data through the use of an identifying cookie on your browser.