Cookie Banners

cookie banner
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 Sort ascending Duration
C037-12508 A McNeil Sweden AB IMY (Sweden), DSB (Austria) Withdrawn (Complied) Filed:
(2 years 9 months ago)
C037-12622 Autoclub SRL Timișoara DSB (Austria), ANSPDCP (Romania) Withdrawn (Complied) Filed:
(1 year 9 months ago)
C037-10143 Deluxe Corporation DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(6 months 1 week)
C037-11141 ViacomCBS DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(8 months 2 weeks)
C037-11078 Deluxe Corporation DSB (Austria) Withdrawn (Complied) Filed:
(1 year 9 months ago)
C037-11055 ViacomCBS DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(8 months 2 weeks)
C037-10154 Livesport s.r.o. DSB (Austria), IDPC (Malta), UOOU (Czech Republic) Withdrawn (Complied) Filed:
(2 years 9 months ago)
C037-10044 Livesport s.r.o. DSB (Austria), IDPC (Malta), UOOU (Czech Republic) Withdrawn (Complied) Filed:
(2 years 9 months ago)
C037-10294 oe24 GmbH DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(9 months 4 weeks)
C037-11039 Invitation Digital Limited. DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(1 year 2 months)
C037-11032 SK Rapid GmbH DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(1 year 4 months)
C037-10170 Backstage DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(6 months 1 week)
C037-12685 NUACOM DPC (Ireland) Withdrawn (Complied) Filed:
Closed:
(4 months 3 weeks)
C037-11098 Regalraum GmbH HBDI (Hesse) Withdrawn (Complied) Filed:
Closed:
(6 months)
C037-10861 Livesport Media Ltd IDPC (Malta) Withdrawn (Complied) Filed:
(2 years 9 months ago)
C037-14765 SC Toyota Romania SRL ANSPDCP (Romania), DSB (Austria) Withdrawn (Complied) Filed:
(1 year 9 months ago)
C037-14459 flashscore.si IP (Slovenia), DSB (Austria) Withdrawn (Complied) Filed:
(1 year 9 months ago)
C037-10842 Viacom International Media Networks UK Limited DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(1 year 1 month)
C037-10028 MTCH Technology Services Limited DPC (Ireland) Withdrawn (Complied) Filed:
Closed:
(1 year 2 months)
C037-10825 Raiffeisen Bank International AG DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(3 months 1 week)