ANSPDCP – Court Ruling (Romania, 2026)

Court Ruling
Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal12 January 2026Romania
final
ePrivacy
Court Ruling

A Romanian court upheld a decision against a politician's website for not properly informing users about cookie usage. The website failed to provide clear consent options for cookies and did not have functional links to privacy policies. This ruling emphasizes the need for clear communication about data practices on websites.

What happened

A politician's website was penalized for placing cookies on users' devices without proper consent and failing to inform users about data processing.

Who was affected

Visitors to the politician's website whose data was collected through cookies without proper consent.

What the authority found

The court ruled that the website did not meet legal requirements for cookie consent and information disclosure, confirming the DPA's decision.

Why this matters

This case reinforces the importance of clear cookie consent mechanisms for all websites. Operators should ensure users can easily understand and manage their cookie preferences.

GDPR Articles Cited

AI-verified

Art. 12(GDPR)
Art. 13(GDPR)
Art. 14(GDPR)
View original scraped data
Art. 12(GDPR)
Art. 13(GDPR)
Art. 14(GDPR)

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

Art. 4(5)(a) & (b) Romanian Law no. 506/2004
Decision AuthorityCourt of Romania
Reviewed AuthorityANSPDCP
Source verified 9 April 2026
national law identified
authority corrected
Full Legal Summary
Detailed

A politician, the operator of a website (the controller), appealed a DPA decision sanctioning him for the placement of optional cookies onto users’ devices when visiting his website, as well as for failing to inform data subjects of the processing of their personal data via the contact form available on the website. The DPA sanctioned the controller a total of RON 50,286.80 (approximately €10,000) for breaching Article 4(5)(a) & (b) Romanian Law no. 506/2004 transposing e-Privacy Directive 2002/58 and Article 12 GDPR, Article 13 GDPR and Article 14 GDPR. The controller claimed in its appeal that, among other things, the DPA failed to include in its decision the complete mandatory information prescribed by administrative law, that the cookies placed on the users’ devices were necessary, and that data subjects were informed of the processing activities on the website. Therefore, the controller requested the annulment of the DPA decision. The court dismissed the controller’s appeal. It found that the website links directing to the privacy policy and information notice were not functional, but that they became functional following communications from the DPA to the controller. Furthermore, the court noted that website users did not have a clear and visible way of providing consent to the use of cookies on the website. Moreover, the court found that the DPA decision contained most of the necessary information required by law. The court noted that the missing information referred only to the objections of the controller. However, the court emphasised that such an omission did not require the annulment of the DPA decision, since the controller was able to raise his objections during the appeal. Finally, the court emphasised the electoral context in which the violations occurred, pointing out that the increased danger for the unlawful processing of the personal data collected via the website at that time. Therefore, the court dismissed the controller’s appeal an

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

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

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

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

12 January 2026

Authority

Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal

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. ANSPDCP - Romania (2026). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: