Städtische Werke Lauf a.d. Pegnitz GmbH – Court Ruling (Germany, 2022)

Court Ruling
DPA OLGNrnberg12 January 2022Germany
final
ePrivacy
Court Ruling

The Court of Justice ruled that inbox advertisements require user consent under the ePrivacy Directive. eprimo's ads appeared like emails in users' inboxes without consent, leading to a legal challenge. This decision stresses the need for companies to seek consent before sending direct marketing emails.

What happened

eprimo displayed inbox advertisements that looked like emails without obtaining user consent.

Who was affected

Users of the T-Online free email service who received unsolicited inbox advertisements.

What the authority found

The court decided that eprimo violated competition law by not obtaining consent for inbox advertisements, as required by the ePrivacy Directive.

Why this matters

This ruling clarifies that inbox ads need prior consent, impacting how companies approach email marketing. It highlights the importance of transparency and consent in digital advertising.

GDPR Articles Cited

Art. 5(3) ePrivacy Directive GDPR

National Law Articles

§ 7 UWG
§ 8 UWG
Decision AuthorityBGH
Reviewed AuthorityOLG Nürnberg (Germany)
Full Legal Summary
Detailed

Inbox advertising by eprimo was deemed unlawful due to lack of prior user consent, violating ePrivacy Directive requirements.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Violations (2)

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

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Cases (0)

No other cases found for Städtische Werke Lauf a.d. Pegnitz GmbH in DE

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

Details

Ruling Date

12 January 2022

Authority

DPA OLGNrnberg

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Städtische Werke Lauf a.d. Pegnitz GmbH - Germany (2022). Retrieved from cookiefines.eu

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