Meta Platforms Inc. – Court Ruling (Denmark, 2023)

Court Ruling
DPA Digitaliseringsstyre30 October 2023Denmark
final
ePrivacy
Court Ruling

Meta Platforms Inc. faced scrutiny in Denmark for not providing clear cookie information on its website. This is important because it shows that companies must be transparent about how they use cookies and obtain consent from users.

What happened

Meta was criticized for unclear cookie information and not allowing users to easily manage their cookie consent.

Who was affected

Website visitors who use Meta's services and interact with its cookie banners were affected.

What the authority found

The Danish authority determined that Meta did not provide sufficient information about its cookies and made it difficult for users to withdraw consent.

Why this matters

This ruling emphasizes the need for clear and user-friendly cookie consent mechanisms. Website operators should review their cookie policies to ensure compliance.

GDPR Articles Cited
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Art. 5(3) ePrivacy Directive GDPR
Art. 4(11) GDPR
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Art. 4(11) GDPR
Art. 5(3) ePrivacy Directive

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National Law Articles
AI-identified
Article 2(8) Cookiebekendtgørelsens
Article 3(1) Cookiebekendtgørelsens
Article 3(2)(4) Cookiebekendtgørelsens
Decision AuthorityDigitaliseringsstyrelsen

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Full Legal Summary
Detailed

The Danish Business Authority was formerly responsible for supervising compliance with the Danish cookie rules. Due to reorganisation, the supervision was transferred to the Danish Agency for Digital Government on 15 December 2022, who is the authority making the decision in this case. Meta was sent a consultation letter requesting them to elaborate on the cookies it uses and on the cookie banner displayed on its website as it deemed that it did not provide sufficient information. Meta responded stating that it only uses technically necessary cookies for non-registered users, whereas a cookie banner requiring consent shows up for registered users. In the consent banner for registered users, Meta grouped the categories "Our cookies on other apps and websites" and "Cookies from other entities" under a single consent. Also in the consent banner for unregistered users, it is not possible to give a granular consent for different purposes as the only options were "Allow only necessary cookies" or "Allow necessary and optional cookies". In 2022, Meta changed the banner for unregistered users adding a link to the cookie policy allowing to manage one’s consent, but still only one consent could be given for several purposes. Further, the option to withdraw consent for non-registered users was presented in such a way, that users would have to click several times before finally withdrawing consent. In its letter, the Agency for Digital Government (Agency) also pointed out that Meta did not provide sufficient information on cookies and similar technologies used on its website. Meta responded stating that this corresponded to the [https://www.retsinformation.dk/eli/retsinfo/2013/9187 Guidelines of the Danish Business Authority of 2013] (repealed) which only required general information on the purposes of cookies to be provided. Meta adapted its cookie policy as of September 2023 adding a list of cookies and "The most common purposes of these cookies”. Upon receiving a stateme

Outcome

Court Ruling

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

Violations (3)

Unclear Cookie Information
high

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

Art. 12, 13 GDPR

No Granular Cookie Choice
high

Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.

Art. 4(11) GDPR

Cannot Withdraw Cookie Consent
critical

No accessible mechanism exists for users to withdraw previously given cookie consent.

Art. 7(3) GDPR

Related Cases (0)

No other cases found for Meta Platforms Inc. in DK

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

Details

Ruling Date

30 October 2023

Authority

DPA Digitaliseringsstyre

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified
Cookie relevance: 100%

Cite as: Cookie Fines. Meta Platforms Inc. - Denmark (2023). Retrieved from cookiefines.eu

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