SA Rossel & Cie – Fine (Belgium, 2022)
SA Rossel & Cie, a media company in Belgium, faced issues for not following privacy rules regarding cookies on its websites. They placed cookies without consent and had pre-ticked consent boxes. Although a fine was initially imposed, it was later overturned, showing the complexities of cookie consent regulations.
What happened
The Belgian data protection authority found that SA Rossel & Cie violated cookie consent rules on its websites.
Who was affected
Visitors to the company's websites who were tracked by cookies without their consent.
What the authority found
The authority initially fined the company for not obtaining proper consent for cookie use, but this fine was later overturned by a court.
Why this matters
This case underscores the importance of clear cookie consent practices for website operators. Even if fines are overturned, compliance with privacy laws is crucial.
GDPR Articles Cited
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Original data from scraper before AI verification against source document.
Original fine summary: The Belgian DPA has imposed a fine of EUR 50,000 on the media company SA Rossel & Cie. During its investigation, the DPA found GDPR violations on three websites operated by the company. For instance, the company had placed cookies that were not required without the consent of the website visitors. Also, the company considered visiting other websites as consent for further cookie placement on these pages. In addition, the boxes for the consent of third-party cookies were already pre-ticked. Furthermore, the cookie policy was incomplete and difficult to access for the visitor. Finally, the DPA found that the company was placing new cookies despite users revoking their cookie consent. Update: On February 22th, 2023, the fine has been overturned by the Market Court.
Violations (5)
Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.
Art. 4(11) GDPR
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
Tracking cookies remain active or are re-placed even after the user explicitly rejects them.
Art. 6(1) GDPR
Third-party tracking cookies or scripts are loaded without obtaining prior user consent.
Art. 13, 14 GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
Related Enforcement Actions (0)
No other enforcement actions found for SA Rossel & Cie in BE
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
16 June 2022
Authority
Autorité de Protection des Données
Enforcement Tracker ID
ETid-1233
About this data
Cite as: Cookie Fines. SA Rossel & Cie - Belgium (2022). Retrieved from cookiefines.eu
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