Unser Ö-Bonus Club GmbH – €500,000 Fine (Austria, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
The Austrian Datenschutzbehörde fined Unser Ö-Bonus Club GmbH EUR 500,000 for not clearly explaining how they use customer data for profiling. Customers were not properly informed that their shopping habits were shared with partners. This case highlights the importance of clear consent processes in customer loyalty programs.
What happened
Unser Ö-Bonus Club GmbH failed to clearly explain their use of customer data for profiling and sharing with partners.
Who was affected
Customers who signed up for the jö Bonus Club loyalty program without clear information about data use.
What the authority found
The authority found that the company did not provide consent in an understandable and accessible way, making the profiling unlawful.
Why this matters
This ruling emphasizes the need for businesses to ensure that consent for data use is clear and easily accessible. Companies should review their consent processes to avoid similar fines.
GDPR Articles Cited
View original scraped data
Original data from scraper before AI verification against source document.
The Austrian DPA has imposed a fine of EUR 2,000,000 on Rewe affiliate Ö-Bonus Club GmbH. When signing up for the customer loyalty program jö Bonus Club, the controller is said to have failed to properly explain that customers' data and shopping behavior are used to create individual profiles, and that the information is also passed on to partner companies. According to the GDPR, the clarification must be easily accessible and in simple language. However, the controller had designed the registration for the jö Bonus Club in such a way that the clarification about profiling could only be found after scrolling down. However, the consent was placed higher up, so in all cases the consents were obtained before the clarification. In turn, on the physical flyers, the signature box placed at the bottom of the form appeared as if it were a confirmation of enrollment in the club, even though it constituted consent to profiling as well. The DPA concluded that the controller breached its duty to provide consent in an understandable and easily accessible form in clear and simple language. Accordingly, it deemed the consents to be invalid and the profiling carried out on their basis to be unlawful. - UPDATE - The controller appealed the decision to the Austrian Federal Administrative Court, which reduced the original fine of EUR 2,000,000 to a total sum of EUR 500,000
Related Enforcement Actions (0)
No other enforcement actions found for Unser Ö-Bonus Club GmbH in AT
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
2 August 2021
Authority
Datenschutzbehörde
Fine Amount
€500,000
Enforcement Tracker ID
ETid-792
About this data
Cite as: Cookie Fines. Unser Ö-Bonus Club GmbH - Austria (2021). Retrieved from cookiefines.eu
Last updated: