RTL Belgium SA – Complaint Upheld (Belgium, 2024)
A trainee noticed that a Belgian media company's cookie banner did not allow users to reject cookies easily, leading to a complaint. The authority upheld the complaint, finding that the cookie consent process was misleading and violated privacy laws. This ruling serves as a warning to website operators to ensure their cookie consent mechanisms are clear and user-friendly.
What happened
A Belgian media company was found to have a misleading cookie banner that did not allow users to reject cookies easily.
Who was affected
Visitors to the media company's website who encountered the cookie banner.
What the authority found
The authority ruled that the cookie banner violated GDPR by not providing a clear option to reject cookies and misleading users with its design.
Why this matters
This decision stresses the importance of clear and accessible cookie consent options for website operators, aligning with broader trends in privacy protection.
GDPR Articles Cited
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Original data from scraper before AI verification against source document.
National Law Articles
On 10 February 2023 the data subject, a trainee working at noyb – European Center for Digital Rights, visited the website of the controller, a Belgian media company. The data subject noticed that the cookie banner of this website had an “Accept all” and a “Know more” button. The data subject believed that this cookie banner was unlawful under the GDPR. Therefore, under Article 80(1) GDPR, she mandated noyb to file a complaint with the DPA on her behalf. More specifically, the data subject pointed out the following violations: * the fact that the cookie banner did not have a “Reject all” button violates Articles 5(1)(a), 6(1)(a) and 7(1) GDPR and [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32002L0058 Article 5(3) ePrivacy Directive 2002/58/EC] as implemented by [https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2018073046&table_name=loi#Art.%2010/2. Article 10/2 of the Belgian Data Protection Code] (Loi relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel - Loi-cadre); * the usage of a vivid colour for the “Accept all” button misleads data subjects and violates Articles 5(1)(a), 6(1)(a) and 7(1) GDPR and [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32002L0058 Article 5(3) ePrivacy Directive 2002/58/EC] as implemented by [https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2018073046&table_name=loi#Art.%2010/2. Article 10/2 Loi-cadre]; * the fact that the banner does not allow to withdraw consent as easily as it is possible to give that consent is a violation of Articles 5(1)(a) and 17(1)(b) GDPR and [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32002L0058 Article 5(3) ePrivacy Directive 2002/58/EC] as implemented by [https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2018073046&table_name=loi#Art.%2010/2. Article 10/2 Loi-cadre]. First of all, the controller argued that noyb cannot represent the
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Violations (3)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
No accessible mechanism exists for users to withdraw previously given cookie consent.
Art. 7(3) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for RTL Belgium SA in BE
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. RTL Belgium SA - Belgium (2024). Retrieved from cookiefines.eu
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