Ms. X, represented by noyb - European Center for Digital Rights – Complaint Upheld (Belgium, 2023)
A complaint against a website represented by Ms. X was upheld because the cookie banner did not allow users to easily reject cookies. The banner used confusing colors and made it hard to withdraw consent. This ruling is important as it reinforces the need for clear and user-friendly consent mechanisms on websites.
What happened
The cookie banner on the website lacked a clear option to refuse cookies and made it difficult for users to withdraw consent.
Who was affected
Website visitors who encountered the misleading cookie banner.
What the authority found
The Belgian data protection authority found that the website violated ePrivacy rules by not providing a straightforward way for users to reject cookies.
Why this matters
This case sets a precedent for how cookie consent mechanisms should be designed, emphasizing that websites must make it easy for users to refuse tracking. Companies should review their cookie banners to ensure compliance.
GDPR Articles Cited
National Law Articles
Entities Involved
The cookie banner lacked a 'refuse' option, used misleading button colors, and made withdrawing consent difficult.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Violations (4)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.
Art. 7 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
No accessible mechanism exists for users to withdraw previously given cookie consent.
Art. 7(3) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for Ms. X, represented by noyb - European Center for Digital Rights in BE
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A. OPERADORA UNIPERSONAL
2020 · Agencia Española de Protección de Datos
Radio Popular S.A.
2021 · Agencia Española de Protección de Datos
D.A.A.A
2019 · Agencia Española de Protección de Datos
CNIL
2019 · Court of Justice of the European Union
ANSPDCP
2025 · Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal
Details
About this data
Cite as: Cookie Fines. Ms. X, represented by noyb - European Center for Digital Rights - Belgium (2023). Retrieved from cookiefines.eu
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