Cookie Banners

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The GDPR was meant to ensure that users have full control over their data. But being online has become a frustrating experience for people all over Europe: Cookie banners appear at every corner of the web, often making it extremely complicated to click anything but the “accept” button. 

Companies use so-called “dark patterns” (like unfavorable contrasts for buttons or links) to nudge more than 90% of users to click “agree” when industry statistics show that only 3% of users actually want to accept cookies. These methods clearly contradict the principles of the ePrivacy directive and also the GDPR, as valid consent must be freely given, specific, informed and unambiguous. 

More and more websites now also make use of “cookie paywalls” or “pay or okay” banners, giving users the option to accept all cookies which leads to their data being passed on to hundreds of tracking companies or take out a subscription for often times exorbitant prices. In this case, users have no free choice as saying "no" to tracking is not only time-consuming, but also expensive. The costs for paying usually exceeds the revenue for advertisement by a factor of 10 to 100. Providers of software solutions therefore praise “pay or okay” as an option to get a consent rate of more than 99%.

In order to tackle these problems, noyb

  • is investigating the way cookie banners are implemented online and whether the choices users make are respected in practice,
  • has developed a mass scanning system to automatically detect unlawful cookie banners and create complaints which are sent to the companies, giving them a grace period to adjust their cookie banner before the complaint is submitted to the responsible authority,
  • developed a proposal for a standard that would manage preferences, because we believe the real answer to this issue is user-centered privacy and to create simple solutions for consumers and
  • is aware of the problem that newspapers and magazines are looking for avenues to survive in the digital world but narrow profits at the expense of their readers’ fundamental right to data protection will not be the solution for structural financial problems.

Case Controller DPA Status Duration
C037-10189 Dplay Entertainment Limited DSB (Austria) Partly Won Filed:
(3 years 3 months ago)
C037-10192 About You AG & Co. KG HmbBfDI (Hamburg) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10193 Hearst Magazine Media, Inc. DSB (Austria) Partly Won Filed:
(2 years 3 months ago)
C037-10194 sportal.bg DSB (Austria), CPDP (Bulgaria) Pending (2 - 3 years) Filed:
(2 years 3 months ago)
C037-10197 Laboratorio Cell’innov DSB (Austria) Partly Won Filed:
(3 years 3 months ago)
C037-10199 Polskie Radio Spółka Akcyjna UODO (Poland) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10205 Turner Broadcasting System Europe Limited DSB (Austria) Partly Won Filed:
(2 years 3 months ago)
C037-10207 Penske Media Corporation DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(9 months 2 weeks)
C037-10210 ASICS Corporation DSB (Austria) Pending (2 - 3 years) Filed:
(2 years 3 months ago)
C037-10214 Agora SA UODO (Poland) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10215 Condé Nast Publications DSB (Austria) Other Outcome Filed:
Closed:
(1 year 4 months)
C037-10225 Yelp Ireland Ltd. DPC (Ireland) Pending (2 - 3 years) Filed:
(2 years 3 months ago)
C037-10228 Paycor DSB (Austria) Partly Won Filed:
(2 years 3 months ago)
C037-10233 cleverbridge AG LDI (North Rhine-Westphalia) Pending (2 - 3 years) Filed:
(2 years 3 months ago)
C037-10234 National Magazine Company Ltd DSB (Austria) Partly Won Filed:
(3 years 3 months ago)
C037-10236 Condé Nast Publications DSB (Austria) Other Outcome Filed:
Closed:
(1 year 4 months)
C037-10244 TVN S.A. UODO (Poland) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10249 Meredith Corporation DSB (Austria) Other Outcome Filed:
Closed:
(11 months 2 weeks)
C037-10250 Condé Nast CNIL (France) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10266 Edizioni Condé Nast S.p.A. Garante per la protezione dei dati personali (Italy) Partly Won Filed:
(3 years 3 months ago)

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