Court case W298 2274626-1/8E – Court Ruling (Austria, 2024)

Court Ruling
DPA BVwG13 September 2024Austria
final
ePrivacy
Court Ruling

A court found that Google used cookies without getting user consent first. This is important because it shows that companies must ask for permission before tracking users online. Businesses should ensure they obtain consent before using third-party services that track user data.

What happened

The court ruled that Google placed cookies on users' devices without prior consent, leading to unauthorized data transfers.

Who was affected

Users who visited websites using Google reCaptcha and Google Fonts were affected.

What the authority found

The authority determined that Google violated GDPR by not obtaining consent before placing cookies on users' devices.

Why this matters

This case reinforces the need for companies to prioritize user consent when using tracking technologies. It serves as a reminder for all businesses to review their practices regarding third-party cookies.

GDPR Articles Cited

AI-verified

Art. 6(1) GDPR
View original scraped data
Art. 6(1) GDPR

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

§1(1) DSG
Decision AuthorityBVwG
Source verified 9 April 2026
national law identified
Full Legal Summary
Detailed

Google reCaptcha and Google Fonts were used without obtaining prior user consent, leading to unauthorized data transfers.

Outcome

Court Ruling

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

Violations (4)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Cookies Persist After Rejection
critical

Tracking cookies remain active or are re-placed even after the user explicitly rejects them.

Art. 6(1) GDPR

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Unclear Cookie Information
high

The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.

Art. 12, 13 GDPR

Related Cases (0)

No other cases found for Court case W298 2274626-1/8E in AT

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

13 September 2024

Authority

DPA BVwG

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified
Cookie relevance: 80%

Cite as: Cookie Fines. Court case W298 2274626-1/8E - Austria (2024). Retrieved from cookiefines.eu

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