LinkedIn – Court Ruling (Germany, 2023)

Court Ruling
DPA LGBerlin24 August 2023Germany
final
ePrivacy
Court Ruling

A German court ruled that LinkedIn tracked users without proper consent by ignoring their 'do not track' signals. This matters because it shows that companies must respect user privacy choices. Businesses should ensure they obtain clear consent before using tracking technologies.

What happened

LinkedIn ignored users' 'do not track' signals and used cookies to monitor their behavior without consent.

Who was affected

Users of LinkedIn whose online activities were tracked without their permission.

What the authority found

The court decided that LinkedIn violated GDPR by not respecting users' rights to object to tracking for marketing purposes.

Why this matters

This ruling highlights the importance of obtaining user consent for tracking practices. Companies should review their consent processes to avoid similar issues.

GDPR Articles Cited
Automatically processed
Art. 6(1)(a) GDPR
Art. 21(5) GDPR
Art. 4(11) GDPR
View original scraped data
Art. 6(1)(a) GDPR
Art. 4(11) GDPR
Art. 21(5) GDPR

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

National Law Articles
AI-identified
UWG
Decision AuthorityLG Berlin

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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

The plaintiff in this case is a German Consumer Protection Association (Verbraucherzentrale Bundesverband e.V.), while the defendant is LinkedIn Ireland Unlimited Company, an Irish social media company operating throughout the EU and worldwide. The plaintiff found that the website of the defendant makes use of cookies and other technologies like fingerprinting that automatically process personal data and monitor users behavior for analytics and marketing purposes. In its privacy notice of 2018, the defendant clearly stated that it ignores “do not track” (DNT) signals on its users’ browsers. DNTs are a browser setting that users can decide to activate, to request websites not to track their online activities. The defendant claimed it would not react to DNT signals, as there was no established “DNT standard” yet. Firstly, the plaintiff claimed that the use of DNT signals constitutes an expression of the right to objection of users under Article 21(5) GDPR against processing activities carried out for marketing purposes under Article 6(1)(f) GDPR, and that the defendant should stop ignoring such signals as doing so constitutes an unfair commercial practice. Secondly, the plaintiff found that when a user decides to first set up a LinkedIn account, the “off-LinkedIn visibility” option is usually pre-activated, which means that personal data of users is shown on the defendant’s partner websites. This, according to the plaintiff constituted a violation of Article 6(1)(a) GDPR, Article 25(2) GDPR, third sentence and Article 4(11) GDPR as well as provisions of the German Federal Law against deceptive commercial practices ([https://www.gesetze-im-internet.de/uwg_2004/ Bundesgesetz gegen unlauteren Wettbewerb, UWG]). Further, the plaintiff asserted in this respect that the defendant wrongfully relied on Article 6(1)(f) GDPR as a legal basis and acted contrary to Article 5(1)(a) GDPR and Article 5(1)(c) GDPR. After the defendant rejected the plaintiff’s warning letter, the p

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Violations (3)

Pre-ticked Consent Boxes
high

Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.

Art. 4(11) GDPR

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Misleading Banner Messaging
critical

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

Art. 7 GDPR

Related Cases (0)

No other cases found for LinkedIn in DE

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

Details

Ruling Date

24 August 2023

Authority

DPA LGBerlin

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified
Cookie relevance: 80%

Cite as: Cookie Fines. LinkedIn - Germany (2023). Retrieved from cookiefines.eu

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