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

Court Ruling
DPA BVwG13 September 2024Austria
final
ePrivacy
Court Ruling

A political party's website was found to have used cookies without getting user consent first. This ruling matters because it reinforces the requirement for websites to obtain consent before placing any cookies on users' devices.

What happened

The political party's website used Google services without obtaining prior user consent for cookies.

Who was affected

Visitors to the political party's website who were tracked by cookies without consent.

What the authority found

The court ruled that the website violated GDPR by placing cookies before obtaining user consent and failing to inform users adequately.

Why this matters

This case underscores the importance of obtaining user consent for cookies. Website operators should ensure they have proper consent mechanisms in place.

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

The political party's website used Google reCaptcha and Google Fonts without obtaining prior user consent, and users were not adequately informed about data transfers to Google.

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: 100%

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

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