C058 Profil Redaktion GmbH
Case projectForced Consent & Consent Bypass
ControllerProfil Redaktion GmbH
Case statusPending (12 - 18 months)
The website profil.at does not accept users' refusal to certain tracking/advertising tools. If a user tries to reject everything in the 1st layer of the cookie banner, a 2nd layer appears telling the user that their "consent is mandatory". Users are forced to accept in order to be able to use the website. Furthermore it is impossible to withdraw this unlawful consent.
BVwG sends controller submission
Claims GDPR not applicable
DSB informs that case was appealed by controller at the BVwG
No valid consent was obtained, the DSB orders the deletion of the data of the complainant and to adapt the cookie banner to the legal framework.
DPA informed they will decide soon
DSB is competent, legitimation to complain exists, no valid consent.
Submission Profil: DSB is not competent because of media privileg, no legitimation, Profil ist profit-oriented, consent is valid. Answers to DSB questions.