Court case 93 O 167/20 – Court Ruling (Germany, 2023)
A German court ruled against a media company for using third-party cookies without proper consent. The company placed cookies before informing users and relied on an incorrect legal basis. This decision stresses the need for clear consent and information about cookies on websites.
What happened
A media company used third-party cookies on its website without obtaining user consent and provided unclear information.
Who was affected
Visitors to the media company's website who had their data tracked by third-party cookies without clear consent.
What the authority found
The court decided that the media company could not rely on browser settings as consent and was responsible for third-party cookies placed on its site.
Why this matters
This ruling highlights that companies must ensure clear consent for all cookies, including third-party ones. Website operators should ensure their cookie banners and privacy policies are transparent and compliant.
GDPR Articles Cited
National Law Articles
The media company integrated third-party cookies without user consent and provided insufficient information about them, misleading users about the necessity of cookies for service provision.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (4)
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 or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
Related Cases (0)
No other cases found for Court case 93 O 167/20 in DE
This is the only recorded case for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
About this data
Cite as: Cookie Fines. Court case 93 O 167/20 - Germany (2023). Retrieved from cookiefines.eu
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