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

Court Ruling
DPA BVwG13 September 2024Austria
final
ePrivacy
Court Ruling

Another Austrian court ruled that a political party's website used cookies without getting proper consent from users. The site continued to track users even after they rejected cookies. This case serves as a reminder for website operators about the importance of obtaining consent before using tracking technologies.

What happened

The court found that the political party's website placed cookies before obtaining user consent and continued tracking after rejection.

Who was affected

Users of the political party's website who had their data tracked without consent were affected.

What the authority found

The court held that the website violated GDPR by using cookies without clear consent from users.

Why this matters

This case highlights the need for all websites, including those of political organizations, to prioritize user consent for cookies. Operators should ensure they have clear consent practices in place.

GDPR Articles Cited
Automatically processed
Art. 6(1) GDPR
View original scraped data
Art. 6(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§1(1) DSG
Decision AuthorityBVwG

Source checks

Secondary-source text retrieved.

Automated check recorded — 9 April 2026.

Processing notes: national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The political party's website used Google reCaptcha and Google Fonts without 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
Automatically normalized and classified
Cookie relevance: 80%

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

Report Inaccuracy

Last updated: