G.Glamour – Complaint Upheld (Italy, 2024)
Italy's G.Glamour faced scrutiny for its cookie banner that misled users about data tracking. The company failed to provide clear information about cookies and allowed anyone to edit its privacy policy. This case highlights the importance of clear consent and transparency for website operators.
What happened
G.Glamour's cookie banner provided misleading information and allowed users to edit the privacy policy without restrictions.
Who was affected
Website visitors who encountered G.Glamour's cookie banner and privacy policy.
What the authority found
The Garante found that G.Glamour did not ensure lawful and transparent data processing, violating GDPR's requirements for clear information and consent.
Why this matters
This ruling emphasizes that companies must provide clear and accurate cookie information to users. Website operators should ensure their consent mechanisms are robust and transparent.
GDPR Articles Cited
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Original data from scraper before AI verification against source document.
National Law Articles
Garante carried out checks on e-commerce websites and found that one of the selected websites was the clothing and beauty website [https://gglamoursarzana.it/ www.gglamoursarzana.it] in which its cookie banner shown only basic information and two buttons (“OK” and “No, thanks”), but no information about cookie types, purposes and if any tracking tool was being used was provided. Also, it did not allow users to give specific, informed, and freely given consent. Also, the cookie banner led to a privacy policy that was editable by any site visitor. Any user was able to modify the content of the privacy policy document on the website without authentication or any user restriction, exposing other visitors to altered or potentially false information. The website owner later admitted that the editable privacy policy was a configuration error and stated that the site had been created with the help of external developers using a common content management platform. The issue was only corrected after the Garante launched an investigation. Garante found that the controller breached Article 5(1)(a) GDPR by failing to ensure lawful and transparent data processing, since users were not properly informed regarding the cookies. Also, Garante highlighted that the absence of a cookie policy and the editable privacy policy violated Articles 12(1) and 13 GDPR, as the necessary information was not provided in a clear and accessible form. The failure to apply adequate technical and organisational measures, especially allowing public editing of privacy documentation, was a breach of Article 25(1) GDPR (data protection by design and by default). Although the controller eventually resolved the technical issues and updated the information available to users, Garante issued a reprimand under Article 58(2)(b) GDPR due to the failure to comply with the provisions regarding the processing of personal data through the use of cookies.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Violations (4)
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) 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
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 G.Glamour in IT
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Decision Date
13 November 2024
Authority
Garante per la protezione dei dati personali
GDPRhub ID
gdprhub-9195About this data
Cite as: Cookie Fines. G.Glamour - Italy (2024). Retrieved from cookiefines.eu
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