WetterOnline Meteorologische Services GmbH – Court Ruling (Germany, 2024)

Court Ruling
DPA LGKln19 January 2024Germany
final
ePrivacy
Court Ruling

WetterOnline Meteorologische Services GmbH faced scrutiny for its cookie banner that made it hard for users to refuse non-essential cookies. This is important because it shows that companies must make it easy for visitors to manage their cookie preferences.

What happened

The company used a cookie banner without a clear option to reject non-essential cookies.

Who was affected

Website visitors who encountered the cookie banner were affected.

What the authority found

The court ruled that the cookie banner design did not provide an equivalent option to reject cookies, violating GDPR requirements.

Why this matters

This ruling emphasizes that companies must design cookie consent mechanisms that are user-friendly. Website operators should review their cookie banners to ensure compliance with consent requirements.

GDPR Articles Cited
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Art. 4(11) GDPR

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Decision AuthorityOLG Köln
Reviewed AuthorityLG Köln (Germany)

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Automated check recorded — 11 April 2026.

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Full Legal Summary
Detailed

The North Rhine Westphalia Consumer Protection Association ([https://www.verbraucherzentrale.nrw/ Verbraucherzentrale NRW]) claimed for an injunction against the use of cookie banners on [https://www.wetteronline.de/ wetteronline.de], a wesite operated by WetterOnline Meteorologische Services GmbH, the controller. The controller used a cookie banner to collect users' consent to not necessary cookies without providing a reject option on the first layer. The data subject could only refuse to give consent by clicking on the “Settings” button to reach the second layer, where they then had an “Accept all” button or a “Save” button. The cookie banner also had an “Accept & Close X” button in the top-right corner, on both first and second level. In a judgement dated 4 May 2023, the Regional Court of Cologne (Landgericht Köln, LG Köln) dismissed the action as it considered the claim of the Association to be too broad and claimed that it could not impose a specific cookie banner design on the controller. The Association appealed against this judgement to the Higher Regional Court of Cologne (Oberlandesgericht Köln, OLG Köln) and specified its claim. Firstly, the OLG Köln considered that the controller designed their cookie banner without an equivalent "reject option" either at the first or second layer. The OLG pointed out that the average user does not realise what the “Save” button represents - namely refusal to provide consent for the use of not necessary cookies. Therefore, the OLG decided that consent could not be regarded as freely given and sufficiently informed under Article 4(11) GDPR. Secondly, regarding the “Accept & Close X” button, the OLG considered that the “X” symbol is known to users as a way to close a window, but not to consent to the use of cookies. The average user would not be aware that this constitutes consent, even if the “Accept & Close” is located directly next to the “X” symbol. The OLG also noted that it was not easy for data subjects to recog

Outcome

Court Ruling

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

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.

Art. 7 GDPR

Reject Harder Than Accept
critical

Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.

Art. 7 GDPR

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Related Cases (0)

No other cases found for WetterOnline Meteorologische Services GmbH in DE

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

Details

Ruling Date

19 January 2024

Authority

DPA LGKln

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. WetterOnline Meteorologische Services GmbH - Germany (2024). Retrieved from cookiefines.eu

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