JP/Politikens Hus A/S – Violation Found (Denmark, 2022)
JP/Politikens Hus A/S was found to have misled visitors about cookie consent on their website. This matters because it shows that clear and honest communication about data use is essential for gaining user trust.
What happened
The company used unclear cookie consent messaging that misled visitors.
Who was affected
Visitors to the news website, www.eb.dk, were affected.
What the authority found
The authority determined that the company did not obtain informed consent from visitors, violating GDPR requirements.
Why this matters
This ruling sets a precedent for how companies must present cookie consent options. Website operators should ensure their consent mechanisms are clear and straightforward to comply with data protection laws.
GDPR Articles Cited
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JP/Politikens Hus A/S (controller) is an operator of the news website, www.eb.dk. In 2021, the Danish DPA conducted an inspection into how the controller processed personal data of visitors on its website. During the check, the website had a cookie consent solution allowing the visitors to click on three different boxes: "Only necessary" (in a red box), "Customise settings" (in a grey box) and "Accept all" (in a green box). From the "first layer" of the consent solution, it appeared that the controller processed personal data for statistical and marketing purposes. In the "second layer", which the visitor could access by clicking on "Customise settings", the visitor could select the processing for preferences, statistics and marketing. The DPA held that visitors of the controller's website did not give informed consent, as visitors who clicked on "Accept all" did not receive information about all processing purposes. Namely, information about the preferential purpose only appeared from the "second layer". As a result, the consent did not meet the requirements of Article 4(11) GDPR, and thus the controller could not rely on Article 6(1)(a) GDPR as a legal basis for the processing. Furthermore, the DPA also held that using a traffic light-like colour and design scheme in the consent solution constitutes a form of "guiding" (nudging). Therefore, as it interferes with the user's ability to make an informed choice, it is incompatible with the principles of lawfulness, fairness, and transparency of Article 5(1)(a) GDPR. Consequently, the DPA reprimanded the controller for the identified violations.
Outcome
Violation Found
The DPA found a violation but did not impose a fine.
Violations (3)
Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.
Art. 7 GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
Related Enforcement Actions (0)
No other enforcement actions found for JP/Politikens Hus A/S in DK
This is the only recorded action for this entity in this jurisdiction.
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Details
About this data
Cite as: Cookie Fines. JP/Politikens Hus A/S - Denmark (2022). Retrieved from cookiefines.eu
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