Court case 93 O 167/20 – Court Ruling (Germany, 2023)
A German court ruled that a media company used third-party cookies on its website without proper consent. This is important because it reinforces the need for clear cookie policies and user consent. Website operators should review their cookie practices to avoid similar issues.
What happened
A media company was found to have used third-party cookies without obtaining proper consent from users.
Who was affected
Website visitors whose data was tracked by the media company's cookies were affected.
What the authority found
The court decided that the media company lacked a valid legal basis for using the cookies, violating GDPR requirements for consent and transparency.
Why this matters
This ruling emphasizes that companies must be transparent about their cookie usage and obtain explicit consent. It sets a precedent that could affect how all websites handle cookies.
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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