Court case W 108 2284491-1 – Court Ruling (Austria, 2024)
An Austrian court ruled that a website's cookie banner was not compliant with privacy laws because it made it hard for users to reject cookies. The site used pre-ticked boxes and lacked a clear option to withdraw consent. This decision highlights the importance of clear consent mechanisms for website operators.
What happened
The court found that the website's cookie banner did not allow users to easily reject cookies and used pre-ticked consent boxes.
Who was affected
Visitors to the website who were presented with the cookie banner were affected by the confusing consent options.
What the authority found
The court decided that the website violated GDPR rules by failing to provide a clear way for users to refuse cookies.
Why this matters
This ruling emphasizes that websites must ensure their cookie consent mechanisms are user-friendly. Website operators should review their cookie banners to comply with privacy laws.
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Automated check recorded — 12 April 2026.
Processing notes: articles corrected, authority corrected.
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The website's cookie banner initially lacked a reject button on the first layer, used pre-ticked boxes, and did not allow easy withdrawal of consent, violating GDPR requirements.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (4)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.
Art. 7 GDPR
Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.
Art. 4(11) GDPR
No accessible mechanism exists for users to withdraw previously given cookie consent.
Art. 7(3) GDPR
Related Cases (0)
No other cases found for Court case W 108 2284491-1 in AT
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 W 108 2284491-1 - Austria (2024). Retrieved from cookiefines.eu
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