SA Rossel & Cie – Fine (Belgium, 2022)

Fine
Autorité de Protection des Données16 June 2022Belgium
overturned
Fine

SA Rossel & Cie initially faced a EUR 50,000 fine for improper cookie practices, like using pre-ticked consent boxes and placing cookies without consent. However, the fine was later overturned, showing the complexity of cookie consent rules.

What happened

SA Rossel & Cie was fined for using cookies without proper consent and having pre-ticked consent boxes.

Who was affected

Website visitors who had cookies placed on their devices by SA Rossel & Cie without proper consent.

What the authority found

The Belgian DPA initially fined SA Rossel & Cie for violating GDPR cookie consent rules, but the fine was overturned by the Market Court.

Why this matters

This case illustrates the challenges businesses face in complying with cookie consent regulations and the potential for legal decisions to be overturned, emphasizing the need for clear and compliant consent practices.

GDPR Articles Cited

Art. 13 GDPR
Art. 14 GDPR
Art. 6(1)(a) GDPR
Art. 7(1) GDPR
Art. 12(1) GDPR
Full Legal Summary
Detailed

Rossel & Cie placed non-essential cookies without consent, used pre-ticked boxes for third-party cookies, provided unclear cookie policy information, and continued placing cookies after consent was revoked.

Violations (5)

Pre-ticked Consent Boxes
high

Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.

Art. 4(11) 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

Cookies Persist After Rejection
critical

Tracking cookies remain active or are re-placed even after the user explicitly rejects them.

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

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

Related Enforcement Actions (0)

No other enforcement actions found for SA Rossel & Cie in BE

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

Details

Fine Date

16 June 2022

Authority

Autorité de Protection des Données

Enforcement Tracker ID

ETid-1233

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
AI-verified and classified
Cookie relevance: 100%

Cite as: Cookie Fines. SA Rossel & Cie - Belgium (2022). Retrieved from cookiefines.eu

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