Court case W 108 2284491-1 – Court Ruling (Austria, 2024)

Court Ruling
Datenschutzbehörde31 July 2024Austria
final
ePrivacy
Court Ruling

A court ruled that a cookie banner had serious flaws, making it difficult for users to refuse cookies. This is significant because it shows that companies must make it easy for visitors to manage their cookie preferences. Website operators should ensure their consent mechanisms are user-friendly.

What happened

The cookie banner had hidden reject buttons and pre-ticked options, making consent management difficult.

Who was affected

Website visitors who encountered the flawed cookie banner were affected.

What the authority found

The court found that the cookie consent mechanism violated GDPR by not allowing users to easily withdraw consent.

Why this matters

This case highlights the importance of user-friendly consent mechanisms for cookies. Website operators should review their cookie banners to ensure compliance and enhance user experience.

GDPR Articles Cited

AI-verified

Art. 21(GDPR)
Art. 5(1)(a) GDPR
Art. 5(3) ePrivacy Directive GDPR
Art. 6(1)(a) GDPR
Art. 7(3) GDPR
View original scraped data
Art. 5(1)(a) GDPR
Art. 6(1)(a) GDPR
Art. 7(3) GDPR
Art. 21(GDPR)
Art. 5(3) ePrivacy Directive

Original data from scraper before AI verification against source document.

Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)
Source verified 12 April 2026
articles corrected
authority corrected
Austria enforcementDatenschutzbehörde actionsAll Court case W 108 2284491-1 actions
Full Legal Summary
Detailed

The cookie banner had a hidden reject button, pre-ticked options, and initially lacked a mechanism to withdraw consent.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Violations (4)

No Reject Button
critical

Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.

Art. 7 GDPR

Reject Harder Than Accept
critical

Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.

Art. 7 GDPR

Pre-ticked Consent Boxes
high

Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.

Art. 4(11) GDPR

Cannot Withdraw Cookie Consent
critical

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

ANSPDCP

2025 · Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal

CNIL

2019 · Court of Justice of the European Union

Details

Ruling Date

31 July 2024

Authority

Datenschutzbehörde

Sources

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified
Cookie relevance: 100%

Cite as: Cookie Fines. Court case W 108 2284491-1 - Austria (2024). Retrieved from cookiefines.eu

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