Criteo SA – Court Ruling (Netherlands, 2024)
A Dutch court ruled against Criteo SA for placing tracking cookies without user consent. This is significant because it reinforces the need for companies to obtain permission before tracking users online. Businesses should review their cookie practices to ensure they comply with consent requirements.
What happened
Criteo SA was prohibited from placing tracking cookies on users' devices without their consent.
Who was affected
Users whose devices were tracked by Criteo's cookies were affected.
What the authority found
The court ruled that Criteo violated Dutch telecommunications law and GDPR by not obtaining user consent for tracking cookies.
Why this matters
This decision highlights the importance of user consent in digital advertising. Companies must ensure they have clear consent mechanisms in place before tracking users.
GDPR Articles Cited
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The controller is Criteo SA, a global technology company operating in media and entertainment that does consultancy, provides software and services in relation to digital marketing, media advertising and real time ads bidding. The controller places tracking cookies for targeted advertising on computers and mobile devices of users visiting certain third party websites. The controller uses the Real Time Bidding (RTB) System to recognise a user within seconds and to show personalised ads. In another case against the controller on 15 June 2023 , the French DPA ("CNIL") fined the controller €40 million for violating various articles of the GDPR, in particular for failing to verify that the persons from whom it processed data had given their consent. On 8 August 2023, the data subject wrote to the controller that the placing of tracking cookies on the data subject’s devices without the data subject’s consent, violates [https://www.google.com/search?client=firefox-b-d&q=telecommunicatiewet+11.7a Article 11.7a(1) Dutch telecommunications law] (“Telecommunicatiewet – TW”) and Articles 5(1)(a), 6(1), 7, 13 and 14 GDPR. The controller responded that it is the responsibility of the third party websites to obtain consent. The data subject filed an urgency procedure (“kort geding”) under Dutch civil law at the Amsterdam District Court (“Rechtbank Amsterdam”) against the controller. The court prohibited the controller from placing tracking cookies on the devices of the data subject and imposed a penalty of €250 for every day they fail to comply with the decision (with a maximum of €25.000). The controller appealed this decision on 30 October 2023. The Court of Amsterdam (“Gerechtshof Amsterdam”) found that tracking cookies were placed by the controller and that the data subject’s personal data was processed in violation of the GDPR. The court therefore prohibited the controller from placing tracking cookies and upheld the imposed penalty of the District Court after the judgem
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (2)
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
Related Cases (0)
No other cases found for Criteo SA in NL
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. Criteo SA - Netherlands (2024). Retrieved from cookiefines.eu
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