Enforcing jurisdiction
Germany · Geography does not establish applicable law.
Confirmed applicable legislation
Privacy topics

Court case 93 O 167/20 – Court Ruling (Germany, 2023)

Court Ruling
DPA LGBerlin15 June 2023Germany
final
ePrivacy
Court Ruling

A German court ruled against a media company for using third-party cookies without proper consent. The court determined that the company's reliance on legitimate interest was insufficient and that users must be clearly informed about cookie usage. This decision reinforces the need for transparency in online tracking.

What happened

The media company failed to provide adequate information about third-party cookies on its website and did not obtain proper consent from users.

Who was affected

Website visitors who were tracked by the media company's third-party cookies.

What the authority found

The court ruled that the media company lacked a valid legal basis for using third-party cookies, violating GDPR's requirements for user consent and information.

Why this matters

This ruling sets a precedent for stricter enforcement of cookie consent requirements. Website operators must ensure they clearly inform users about cookie usage and obtain consent to avoid legal issues.

Recorded legal citations
Automatically processed
Art. 13 GDPR
Art. 6(1)(f) GDPR
Art. 80(2) GDPR
View original scraped data
Art. 6(1)(f) GDPR
Art. 13(GDPR)
Art. 80(2) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§ 25 TTDSG
TMG
UWG
Decision AuthorityLG Berlin

Source checks

Linked-source text retrieved.

Automated check recorded — 11 April 2026.

Processing notes: articles corrected, national law identified, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

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 (2)

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Unclear Cookie Information
high

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

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.

Details

Ruling Date

15 June 2023

Authority

DPA LGBerlin

About this data

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

Cite as: Cookie Fines. Court case 93 O 167/20 - Germany (2023). Retrieved from cookiefines.eu

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