DPA case 2026-0.043.390 – Complaint Upheld (Austria, 2026)

Complaint Upheld
Datenschutzbehörde16 January 2026Austria
final
ePrivacy
Complaint Upheld

An Austrian company was found to have placed cookies on users' devices without asking for permission first. This is important because it shows that companies must get consent before tracking users online.

What happened

The company placed cookies on users' devices without displaying a cookie consent banner.

Who was affected

Website visitors whose devices were tracked by cookies were affected.

What the authority found

The Austrian data protection authority ruled that the company violated GDPR by not obtaining prior consent for cookies.

Why this matters

This ruling emphasizes the need for clear consent mechanisms for cookies. Website operators should ensure they have proper consent banners in place to avoid similar issues.

GDPR Articles Cited
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Art. 12 GDPR
Art. 13 GDPR
Art. 5(1)(a) GDPR
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Art. 5(1)(a) GDPR
Art. 12(GDPR)
Art. 13(GDPR)

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Secondary-source text retrieved.

Review needed — 18 October 2026.

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Full Legal Summary
Detailed

The company placed cookies on users' devices without displaying a cookie consent banner, violating the requirement for prior consent.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 2026-0.043.390 in AT

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

Details

Decision Date

16 January 2026

Authority

Datenschutzbehörde

GDPRhub ID

gdprhub-10131

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case 2026-0.043.390 - Austria (2026). Retrieved from cookiefines.eu

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