Meta Platforms Inc. – Court Ruling (Denmark, 2023)
Meta was found to have unclear cookie information on its website, which did not allow users to easily manage their cookie preferences. This ruling is important because it shows that companies must provide clear and specific options for users regarding their data. Website operators should ensure their cookie banners are transparent and user-friendly.
What happened
Meta's cookie banner did not provide clear information or options for users to manage their cookie consent effectively.
Who was affected
Website visitors who interacted with Meta's cookie banner were affected by the unclear information.
What the authority found
The Danish Agency for Digital Government ruled that Meta failed to provide adequate cookie information and did not allow granular consent options, violating ePrivacy rules.
Why this matters
This ruling sets a precedent for how companies must handle cookie consent and transparency. Website operators should review their cookie practices to comply with legal requirements.
GDPR Articles Cited
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National Law Articles
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)
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.
Art. 4(11) GDPR
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.
Similar Cases
Enforcement actions with similar violations
Details
About this data
Cite as: Cookie Fines. Meta Platforms Inc. - Denmark (2023). Retrieved from cookiefines.eu
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