Der Standard – Complaint Upheld (Austria, 2023)
Austria's data protection authority found that Der Standard's cookie banner did not allow users to freely give consent for targeted ads. The website required users to either accept tracking or pay for a subscription, which the authority ruled was not a fair choice. This decision highlights the importance of offering genuine consent options on websites.
What happened
Der Standard's website forced users to choose between consenting to data tracking or paying for a subscription to access content.
Who was affected
Website visitors who were required to consent to data sharing with third parties or pay for a subscription to access content.
What the authority found
The Austrian DPA ruled that Der Standard's cookie banner did not allow users to freely give consent, violating GDPR requirements for valid consent.
Why this matters
This ruling emphasizes that websites must provide real choices for consent and cannot coerce users into accepting data tracking. Businesses should ensure their consent mechanisms are compliant with GDPR to avoid similar issues.
GDPR Articles Cited
The cookie banner on Der Standard's website did not allow users to freely give consent, as the only alternative to consenting to targeted advertising was purchasing a subscription. Additionally, user data was shared with third parties without proper consent.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Violations (5)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
Third-party tracking cookies or scripts are loaded without obtaining prior user consent.
Art. 13, 14 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.
Art. 4(11) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for Der Standard in AT
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
About this data
Cite as: Cookie Fines. Der Standard - Austria (2023). Retrieved from cookiefines.eu
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