Court case 10 A 5385/22 – Court Ruling (Germany, 2025)

Court Ruling
DPA VGHannover19 March 2025Germany
final
ePrivacy
Court Ruling

A publishing house in Germany was ordered to fix its consent process for cookies. This is significant because it shows that users must easily refuse tracking if they want to. Website operators should make sure their consent options are clear and straightforward.

What happened

The publishing house's consent banner made it difficult for users to reject cookies, leading to a ruling from the DPA.

Who was affected

Visitors to the publishing house's website who were subjected to cookie tracking without proper consent options.

What the authority found

The DPA ruled that the publishing house's consent process did not comply with GDPR requirements for effective consent.

Why this matters

This case highlights the need for transparent and user-friendly consent mechanisms. Website operators should review their cookie practices to ensure compliance.

GDPR Articles Cited
Automatically processed
Art. 7(GDPR)
Art. 6(1) GDPR
Art. 6(1)(a) GDPR
Art. 4(11) GDPR
Art. 58(2)(d) GDPR
View original scraped data
Art. 4(11) GDPR
Art. 6(1) GDPR
Art. 6(1)(a) GDPR
Art. 7(GDPR)
Art. 58(2)(d) GDPR

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

National Law Articles
AI-identified
NDSG
TTDSG
Decision AuthorityVG Hannover

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Secondary-source text retrieved.

Automated check recorded — 12 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 controller is a publishing house that publishes newspapers and content on the Internet at www.noz.de. The controller uses a consent banner (so-called cookie wall) on its website. The defendant is the DPA of Lower Saxony (LfDI). In 15 November 2022, the DPA carried out a technical test on the controller’s website and found that when it was first accessed, without prior consent, the US service Google Tag Manager was contacted meaning that user data were transmitted to Google’s US server and data were stored on the user's device. Also, a consent banner titled "optimal user experience" appeared with the options to "Accept all", in the middle of the banner, or "Accept & close x", at the top right (the x referring to the symbol used to close a window). In order to refuse consent users had to scroll down, select the "Settings" button and at the window opened on a second level, the user must check whether the opt-in controls are switched off in order to then select the "Save selection" button. On 23 November 2022, the DPA issued a decision ordering the controller; a. To implement the requirements for effective consent in accordance with Article 4(11) and Article 7 GDPR, insofar as this is necessary for the lawfulness of the use of local storage objects, tracking technologies and third-party services; b. To obtain effective consent for the Google Tag Manager service integrated in the website in accordance with Section 25 (1) of the german Telecommunications-Digital Services Data Protection Act (TTDSG) and Art. 6(1) (a) GDPR or to remove the service; and c. To comply with the orders within 1 month. The DPA argued that the consent was not fully informed and voluntary in accordance with Article 4(11) GDPR. At the first level of the banner there was no literal mention that the buttons "Accept all" and "Accept & close x" provide two options for granting consent and also there was no option to refuse consent. On December 2022, the controller filed a case before Adm

Outcome

Court Ruling

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

Violations (4)

No Reject Button
critical

Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.

Art. 7 GDPR

Reject Harder Than Accept
critical

Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.

Art. 7 GDPR

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

Third-Party Cookies Without Consent
critical

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

Art. 13, 14 GDPR

Related Cases (0)

No other cases found for Court case 10 A 5385/22 in DE

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

Details

Ruling Date

19 March 2025

Authority

DPA VGHannover

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified
Cookie relevance: 100%

Cite as: Cookie Fines. Court case 10 A 5385/22 - Germany (2025). Retrieved from cookiefines.eu

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