Alstrøm – Din Isenkræmmer ApS – Complaint Upheld (Denmark, 2021)
Alstrøm – Din Isenkræmmer ApS faced criticism from Denmark's Datatilsynet for not allowing users to opt out of cookie tracking on their website. The company initially used a cookie consent pop-up that didn't give visitors a real choice, which is against the rules. This case highlights the importance of clear consent options for website operators.
What happened
Alstrøm – Din Isenkræmmer ApS used a cookie consent pop-up that did not allow users to opt out of tracking.
Who was affected
Website visitors who encountered the cookie consent pop-up on Alstrøm's site were affected.
What the authority found
The Danish DPA ruled that Alstrøm could not obtain valid consent for cookie use because users had no option to refuse tracking.
Why this matters
This ruling emphasizes that companies must provide clear and genuine choices for cookie consent. Website operators should ensure their consent mechanisms comply with regulations to avoid similar issues.
GDPR Articles Cited
View original scraped data
Original data from scraper before AI verification against source document.
A data subject filed a complaint with the Danish DPA regarding the controller's use of cookies on their website. The controller had relied on consent as a legal basis. The controller had first requested consent through a pop up box stating that the website used cookies. The pop up box contained two hyperlinks labeled "Read more about cookies" and "Close". During the DPA's investigation, the controller had introduced a new method of requesting consent. The controller's second solution included more information about the processing, as well as the option to opt out of processing for specific purposes from a list. With the new solution, the user had the choice between two hyperlinks labeled "ACCEPT ALL" and "Accept". The Danish DPA assessed both the first and the second consent request solution. = The DPA held that the controller could not obtained a valid consent under Article 6(1)(a) GDPR for the use of cookies when the first solution was used. The data subject did not have the option to consent to processing for particular purposes. More importantly, the controller offered no opt-out solution for the use of cookies. The data subject therefore had no choice in the matter when visiting the website. As a consequence, the DPA expressed severe criticism about the processing activities based on this cookie banner. = The DPA then had to assess whether the changes made to the cookie banner were sufficient to obtain the valid consent of data subjects. The DPA held that although the data subjects now had the possibility to reject all cookies, the cookie banner had been designed in a way that nudged the data subject towards clicking on the "ACCEPT ALL" button. It was easier for the data subjects to consent to the use of cookies than to reject such use. The DPA therefore also expressed criticism about the second solution. Lastly, the DPA also criticized the processing activities after the second solution was implemented because the cookie tracking actually began before obta
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Violations (2)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.
Art. 4(11) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for Alstrøm – Din Isenkræmmer ApS in DK
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
About this data
Cite as: Cookie Fines. Alstrøm – Din Isenkræmmer ApS - Denmark (2021). Retrieved from cookiefines.eu
Last updated: