Court case W 108 2284491-1 – Court Ruling (Austria, 2024)
An Austrian court ruled that a website's cookie banner was misleading and made it hard for users to reject cookies. The banner used pre-ticked boxes and lacked an easy way to refuse cookies. This decision shows that websites must clearly inform users and make rejecting cookies as easy as accepting them.
What happened
The website's cookie banner did not provide a simple way for users to reject cookies and used pre-ticked consent boxes.
Who was affected
Website visitors who encountered the cookie banner were affected by the confusing consent options.
What the authority found
The Austrian data protection authority found that the website violated GDPR by making it difficult for users to refuse cookie consent.
Why this matters
This ruling sets a precedent for cookie consent practices, highlighting the need for clear and user-friendly consent mechanisms on websites.
GDPR Articles Cited
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The website's cookie banner lacked an immediate reject button, used pre-ticked boxes, and made rejecting cookies more difficult than accepting them.
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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