Der Standard – Court Ruling (Austria, 2025)

Court Ruling
DPA BVwG13 August 2025Austria
final
ePrivacy
Court Ruling

An Austrian newspaper was found to have forced users into accepting cookies or paying for a subscription. This practice was ruled unfair because users couldn't choose which cookies to accept. The decision is significant for online businesses that must offer clear options for cookie consent.

What happened

Der Standard required users to either accept all cookies or pay for a subscription to access its content.

Who was affected

Website visitors who were compelled to consent to cookie tracking or pay for access.

What the authority found

The court ruled that the newspaper's cookie consent model violated GDPR by not allowing users to choose which data processing activities to consent to.

Why this matters

This ruling sets a precedent for how websites must handle cookie consent. Businesses need to ensure they provide clear and granular choices to users to avoid penalties.

GDPR Articles Cited
Automatically processed
Art. 4(1) GDPR
Art. 5(1)(a) GDPR
Art. 6(1)(a) GDPR
View original scraped data
Art. 4(1) GDPR
Art. 5(1)(a) GDPR
Art. 6(1)(a) GDPR

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

Decision AuthorityBVwG

Source checks

Secondary-source text retrieved.

Review needed — 13 April 2026.

Processing notes: date discrepancy.

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

Der Standard (the controller) is an Austrian daily newspaper. The website implemented a pop-up window, which gave the data subject the option of consenting to the use of cookies for web analysis and advertising, or to pay a monthly subscription and access the website without advertising (also known as “Pay or Okay”). A data subject chose the option of accepting cookies, as they did not want to take out a paid subscription, but also regularly deleted their cookie history because they did not want to be tracked. The data subject brought a complaint to the DPA on 13 August 2021, arguing that they had been forced to consent to extensive processing of their data or take a paid subscription. The data subject was represented by noyb. Furthermore, the blanket consent to all data processing does not comply with the GDPR. The controller argued that data processing for advertising purposes was necessary for the provision of its services. In addition, the “Pay or Okay” model was permissible, according to a previous decision of the DPA. Finally, the uniform consent to several data processing operations was permissible under the GDPR. In its decision on 29 March 2023, the DPA stated that the “Pay or Okay” model followed by the controller violated Article 5(1)(a) GDPR and Article 6(1)(a) GDPR, as it lacked granularity. This meant that the data subject could not choose which processing activities to consent to, and was forced to consent to all processing activities (or pay a subscription fee). In addition, the DPA ordered the controller to delete the data subject’s personal data if it was still processed within a month of the decision. However, the DPA dismissed the data subject’s request to issue a processing ban. The controller appealed the decision to the Federal Administrative Court, contesting the decision that there was a violation and the order to delete the data. The data subject also appealed the decision, contesting the decision to dismiss the request to issue a proce

Outcome

Court Ruling

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

Violations (3)

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

Misleading Banner Messaging
critical

The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).

Art. 7 GDPR

No Granular Cookie Choice
high

Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.

Art. 4(11) GDPR

Details

Ruling Date

13 August 2025

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. Der Standard - Austria (2025). Retrieved from cookiefines.eu

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