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

Court Ruling
DPA BVwG13 September 2024Austria
final
ePrivacy
Court Ruling

An Austrian court ruled that a website violated privacy laws by using Google services without proper consent for cookies. This decision is important as it reinforces the need for clear consent when using tracking technologies on websites.

What happened

A website used Google services and continued data transfers after users rejected cookies.

Who was affected

Website visitors who were tracked by cookies without their consent were affected.

What the authority found

The court found that the website did not obtain valid consent for placing cookies, violating privacy regulations.

Why this matters

This ruling emphasizes the necessity for websites to obtain clear consent before using tracking technologies. Operators should review their cookie policies to ensure compliance with privacy laws.

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) Austrian Data Protection Act
Decision AuthorityBVwG
Reviewed AuthorityAustrian DPA
Source verified 9 April 2026
national law identified
Full Legal Summary
Detailed

The website used Google services without proper consent and continued data transfers after cookies were rejected.

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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