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
C037-10546 Yves Rocher Polska sp. z o.o. UODO (Poland) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10560 iDMobile SAR DSB (Austria) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10561 Heymate Datatilsynet (Denmark), DSB (Austria) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10563 Springer Medizin Verlag GmbH BlnBDI (Berlin) Partly Won Filed:
(3 years 3 months ago)
C037-10568 Anita Dr. Helbig GmbH DSB (Austria) Partly Won Filed:
(2 years 3 months ago)
C037-10572 Livesport s.r.o. DSB (Austria), UOOU (Czech Republic) Pending (2 - 3 years) Filed:
(2 years 3 months ago)
C037-10578 Vinted Inc. VDAI (Lithuania), DSB (Austria) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10582 kartenmacherei GmbH BayLDA (Bavaria) Partly Won Filed:
Closed:
(5 months 1 week)
C037-10583 Medienhaus Aachen GmbH LDI (North Rhine-Westphalia) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10594 Mountain News Corporation DSB (Austria) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-106 LinkedIn Ireland Unlimited Company DPC (Ireland) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10600 Gannett Media Corp APD/GBA (Belgium) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10607 Groupe Randstad France CNIL (France) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10621 FF DIGITAL CNIL (France) Lost Filed:
(3 years 3 months ago)
C037-10633 internetstores GmbH LfDI (Baden-Württemberg) Pending (2 - 3 years) Filed:
(2 years 3 months ago)
C037-10634 Coty DSB (Austria) Withdrawn (Complied) Filed:
(2 years 3 months ago)
C037-10635 DPG Media Magazines B.V. AP (The Netherlands), DSB (Austria) Pending (3 - 4 years) Filed:
(3 years 3 months ago)
C037-10636 West Monroe Partners LLC DSB (Austria) Withdrawn (Other Reason) Filed:
Closed:
(6 months 1 week)
C037-10639 Briggs & Stratton LLC DSB (Austria) Partly Won Filed:
(2 years 3 months ago)
C037-10647 VF International SAGL DSB (Austria) Partly Won Filed:
(3 years 3 months ago)

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