Mandatory User Accounts: The EDPB Challenges Common E-commerce Practices

For years, the "Create an Account" button has been a staple of the online shopping experience. From a marketing perspective, it's a goldmine for data collection and customer retention. From a legal perspective, however, it is increasingly becoming a liability.

The European Data Protection Board (EDPB) has issued Recommendations 2/2025 on the legal basis for requiring the creation of user accounts on e-commerce websites (adopted in December 2025 and put out for public consultation). They are non-binding, but they directly challenge the legality of mandatory user registration. This insight explores why the "business as usual" approach to e-commerce is no longer defensible under the GDPR.

The "Necessity" Test: Article 6(1)(b)

The most common legal basis for processing data in e-commerce is that it is "necessary for the performance of a contract." Retailers argue that they need an account to process orders, track shipping, and handle returns.

The EDPB's counter-argument is surgical: Is the account strictly necessary to sell the product? If a customer can provide their name, address, and payment info to receive a package without creating a permanent password-protected profile, then the "account" is an added feature, not a contractual necessity. Therefore, Article 6(1)(b) cannot be used to justify forced registration.

The Consent Trap: Is it Freely Given?

If the data collection isn't "necessary" for the contract, the only other viable path is Consent. But under the GDPR, consent must be:

• Specific: Tied to a clear purpose.
• Informed: Clear about what is happening with the data.
• Freely Given: This is where most e-commerce sites fail.

If a user must create an account to complete their purchase, the consent is "coupled" with the service. The EDPB views this as a lack of choice. If you don't offer a Guest Checkout option, you are effectively coercing the user into a data-sharing relationship they may not want.

Joint Controllership and Marketing Pixels

The risk is compounded when these mandatory accounts are linked to tracking pixels (like Meta or Google). When a user logs in, their behavior is often tracked across the web. Recent rulings have clarified that the website owner and the ad-tech provider are often Joint Controllers.

By forcing an account, you are essentially forcing the user into a massive tracking ecosystem, increasing your legal exposure if that data is misused or leaked.

Strategic Roadmap for Retailers

To align with the EDPB's direction, digital teams should pivot toward a "Privacy-First" conversion funnel:

• Implement Guest Checkout as the Primary Flow: Don't hide it. Make it the path of least resistance.
• Incentivize, Don't Mandate: Offer account creation after the purchase is complete. "Save your details for 10% off your next order" is valid; "Create an account or you can't buy this" is not.
• Audit Data Retention: If a user uses guest checkout, ensure their data is deleted or anonymized once the warranty/return period expires. Do not keep it in a "shadow profile" for marketing.

Conclusion

The EDPB's stance signals the end of mandatory accounts as a standard practice. In a landscape where privacy is becoming a competitive advantage, retailers who respect user choice and minimize data collection will not only avoid regulatory scrutiny but also win the trust of the modern, privacy-conscious consumer.