JP/Politikens Hus A/S – Violation Found (Denmark, 2022)
A Norwegian authority found that JP/Politikens Hus A/S misled visitors about cookie consent on its news website. The consent options were confusing, making it hard for users to understand what they were agreeing to. This ruling stresses the importance of clear and honest communication about data processing.
What happened
The authority ruled that the website's cookie consent solution did not provide informed consent to visitors.
Who was affected
Visitors to the news website who were affected by unclear cookie consent options.
What the authority found
The authority determined that the website's consent mechanism did not meet legal requirements for transparency and user choice.
Why this matters
This finding highlights the need for websites to ensure their cookie consent practices are clear and straightforward. Website operators should review their consent mechanisms to comply with legal standards.
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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Enforcement actions with similar violations
Details
About this data
Cite as: Cookie Fines. JP/Politikens Hus A/S - Denmark (2022). Retrieved from cookiefines.eu
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