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Confalonieri S.r.l. – Violation Found (Italy, 2025)

Violation Found
Garante per la protezione dei dati personali4 June 2025Italy
final
ePrivacy
Violation Found

Confalonieri S.r.l. faced a warning from the Italian DPA for not properly informing users about cookie usage on its website. The company had a misleading cookie banner that did not allow users to refuse cookies effectively. This case shows the need for clear and honest communication about data collection practices.

What happened

Confalonieri S.r.l. displayed a cookie banner that misled users about their ability to refuse cookies.

Who was affected

Visitors to the Confalonieri S.r.l. website who encountered the misleading cookie banner.

What the authority found

The Italian DPA found that the company violated GDPR Articles 12 and 13 by providing insufficient information about data processing.

Why this matters

This ruling stresses the importance of transparency in cookie usage and user consent. Companies must ensure their cookie banners are clear and allow users to refuse cookies easily.

Recorded legal citations
Automatically processed
Art. 5 GDPR
Art. 7 GDPR
Art. 12 GDPR
Art. 13 GDPR
Art. 4(11) GDPR
View original scraped data
Art. 4(11) GDPR
Art. 5(GDPR)
Art. 7(GDPR)
Art. 12(GDPR)
Art. 13(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Article 122 d. lgs. 196/2003

Source checks

Secondary-source text retrieved.

Automated check recorded — 12 April 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

In 2023 the DPA started several ex officio investigations on the use of cookies and other trackers on the websites of a number of businesses. One of these businesses was car retailer Confalonieri S.r.l. (the data controller). The DPA found that the controller’s website displayed a cookie banner with three buttons: “Accept all”, “Learn more”, and an “X” button that closed the banner. The website included links to a cookie policy, a privacy notice, and a page with cookie settings. The investigation highlighted the following issues: * If visitors clicked the “X” button, the cookie banner was displayed again upon subsequent visits to the website; * The website did not store unnecessary cookies when visitors clicked the “X” button. However, the cookie banner did not inform users that they could refuse cookies this way; * The cookie policy did not list the recipients of personal data; * The cookie policy and the privacy notice both contained outdated legal references. The controller changed its website during the investigation. After the update, the website displayed a small footer that succinctly informed visitors that they “declare that they read the privacy policy (…) and consent to the processing of their personal data for the required service”. The only available buttons were “Accept” and “Privacy notice”. The cookie policy was no longer available on the website and the privacy notice contained no mention of cookies and other trackers. The DPA found the following violations: * The controller violated Articles 12 and 13 GDPR by providing insufficient information about the processing of personal data; * The controller nudged visitors towards giving (invalid) consent by repeatedly displaying the cookie banner after they clicked the “X” button. This practice violated Articles 4(11), 5, and 7 GDPR as well as Art. 122 d. lgs. 196/2003This provision is the implementation of Article 5(3) ePrivacy Directive in Italian law.: * The controller violated Articles 24 and 25 GDPR by failing to inform users that they could reject cookies via the “X” button. The DPA issued a warning and ordered the controller to bring its practices into compliance.

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Violations (3)

No Reject Button
critical

Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.

Unclear Cookie Information
high

The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.

Misleading Banner Messaging
critical

The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).

Related Enforcement Actions (0)

No other enforcement actions found for Confalonieri S.r.l. in IT

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

4 June 2025

Authority

Garante per la protezione dei dati personali

GDPRhub ID

gdprhub-9410

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Confalonieri S.r.l. - Italy (2025). Retrieved from cookiefines.eu

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