Enforcing jurisdiction
Austria · Geography does not establish applicable law.
Confirmed applicable legislation
Privacy topics

DPA case DSB-D130.1174 – Dismissed (Austria, 2023)

Dismissed
Datenschutzbehörde19 September 2023Austria
final
ePrivacy
Dismissed

An Austrian website was found to have a cookie banner that did not allow users to reject cookies and set cookies before getting consent. The authority dismissed the complaint but noted the issues with the cookie banner's design. This case serves as a warning for websites to ensure they follow proper cookie consent practices.

What happened

The website's cookie banner did not include a reject button and set cookies before consent was obtained.

Who was affected

Visitors to the website who were impacted by the cookie consent practices.

What the authority found

The authority found that the cookie banner violated GDPR requirements by lacking a reject option and providing unclear information.

Why this matters

This ruling highlights the need for clear cookie consent mechanisms on websites. Operators should review their cookie practices to ensure compliance with privacy laws.

Recorded legal citations
Automatically processed
Art. 3 GDPR
Art. 19 GDPR
Art. 4(1) GDPR
Art. 5(1)(a) GDPR
Art. 17(1)(d) GDPR
Art. 4(11) GDPR
Art. 77(1) GDPR
View original scraped data
Art. 3(GDPR)
Art. 4(11) GDPR
Art. 5(1)(a) GDPR
Art. 17(GDPR)
Art. 19(GDPR)
Art. 77(1) GDPR

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

Source checks

Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected.

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 website's cookie banner lacked a reject button, set cookies before consent, and provided unclear information about cookie usage.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case DSB-D130.1174 in AT

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

Details

Decision Date

19 September 2023

Authority

Datenschutzbehörde

GDPRhub ID

gdprhub-7776

About this data

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

Cite as: Cookie Fines. DPA case DSB-D130.1174 - Austria (2023). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: