Court case 93 O 167/20 – Court Ruling (Germany, 2023)
A German media company faced legal action for using third-party cookies without proper consent. The court ruled that users must actively agree to cookie usage, rather than relying on default browser settings. This decision is crucial for website operators to understand the importance of obtaining clear consent before tracking users.
What happened
The court found that the media company implemented third-party cookies without obtaining valid consent from users.
Who was affected
Website visitors who were tracked by third-party cookies on the media company's site were affected.
What the authority found
The court determined that the media company did not have a valid legal basis for using cookies, violating GDPR requirements for user consent.
Why this matters
This ruling sets a precedent for stricter enforcement of consent requirements for cookies. Website operators should ensure they have clear and active consent mechanisms in place.
GDPR Articles Cited
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National Law Articles
Plaintiff is the umbrella organization of the consumer advice centers in Germany. Defendant is a media company. The media company integrated about 18 third-party-cookies on its website like Double Click from Google. They relied this on Art. 6 (1) (f) GDPR. The company did not implement any information about that on their start page and linked to the privacy policy not before implementing and analyzing the cookies. These cookies enabled profiling via tracking across different platforms. The plaintiff sent a warning on 20 June 2019 which the defendant declined on 14 August 2019. The defendant implented in August 2019 an opt-in cookie banner and changed their privacy policy. The plaintiff is of the opinion that there is no legitimate interest of the defendant and neither the weighting up would turn out in favor of the defendant. The plaintiff criticizes the insufficient information and continues that the incorrect legal basis leads to the false imagination that it is allowed to implement cookies without consent. The defendant is of the opinion that it is necessary because they otherwise would not be able to implement their offers on their website free of cost and also the cookies were set by third parties. The court is of the opinion that browser settings allowing a transfer of data are no active consent for lack of a deliberate decision of the affected persons. Further the court held that the setting of cookies from third parties is attributable to the defendant as they were payed for that. The court does not follow the opinion of the defendant that the freedom of press includes the advertisement as there is a certain part of jounralistic work needed for Art. 85 GDPR.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (4)
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
Third-party tracking cookies or scripts are loaded without obtaining prior user consent.
Art. 13, 14 GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
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 Court case 93 O 167/20 in DE
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. Court case 93 O 167/20 - Germany (2023). Retrieved from cookiefines.eu
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