Court case W 108 2284491-1 – Court Ruling (Austria, 2024)
A court ruled that a website's cookie banner made it too hard for users to reject cookies. This is significant because it reinforces the need for clear and easy consent mechanisms for online tracking. Website operators must ensure that rejecting cookies is as simple as accepting them.
What happened
The court found that the website's cookie consent mechanism was designed to make rejecting cookies more difficult than accepting them.
Who was affected
Website visitors who interacted with the cookie banner were affected.
What the authority found
The court held that the website violated GDPR rules by complicating the process of rejecting cookie consent.
Why this matters
This ruling sets a precedent for cookie consent practices, emphasizing that users must have an equal opportunity to reject tracking. Website operators should review their cookie consent designs to comply with these standards.
GDPR Articles Cited
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The website's cookie banner made rejecting cookies harder than accepting, used pre-ticked boxes, and initially lacked a mechanism to withdraw consent.
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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