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

Court Ruling
DPA BVwG13 September 2024Austria
final
ePrivacy
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A court ruled that Google used cookies without proper consent, which is a big deal for online privacy. This ruling matters because it reinforces that companies must get clear permission before tracking users. Businesses should be careful about how they use third-party services that involve data collection.

What happened

Google used reCaptcha and Google Fonts without clear consent from users.

Who was affected

Users whose data was collected through Google services without consent were affected.

What the authority found

The court determined that Google violated GDPR by placing cookies before obtaining user consent.

Why this matters

This ruling sends a strong message to companies about the need for clear consent when using third-party services. It encourages businesses to evaluate their use of such technologies to ensure compliance.

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 clear consent or adequate information, 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

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

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