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 Duration
C037-10268 Fasthosts DSB (Austria) Partly Won Filed:
(2 years 8 months ago)
C037-10269 EDITA SA CNPD (Luxembourg) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10272 Gannett Co., Inc. DSB (Austria) Partly Won Filed:
(1 year 8 months ago)
C037-10273 Agora SA UODO (Poland) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10283 Scholieren.com B.V. AP (The Netherlands), DSB (Austria) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10286 Portfolio Media, Inc. DSB (Austria) Partly Won Filed:
(2 years 8 months ago)
C037-10294 oe24 GmbH DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(9 months 4 weeks)
C037-10297 Livesport s.r.o. DSB (Austria), UOOU (Czech Republic) Withdrawn (Complied) Filed:
Closed:
(6 months 4 weeks)
C037-103 Axel Springer SE BlnBDI (Berlin) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10300 NetDoktor GmbH BayLDA (Bavaria) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10303 FCA US LLC DSB (Austria) Partly Won Filed:
(1 year 8 months ago)
C037-10304 Edizioni Condé Nast S.p.A. Garante per la protezione dei dati personali (Italy) Partly Won Filed:
(2 years 8 months ago)
C037-10309 VOO SA APD/GBA (Belgium) Lost Filed:
(2 years 8 months ago)
C037-10310 Gute Küche Medien GmbH DSB (Austria) Partly Won Filed:
(2 years 8 months ago)
C037-10311 DPG Media Magazines B.V. AP (The Netherlands), DSB (Austria) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10315 Chegg, Inc. DSB (Austria) Withdrawn (Complied) Filed:
Closed:
(8 months 2 weeks)
C037-10319 Ulster Bank Ireland DAC DPC (Ireland) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10321 Bergfreunde GmbH LfDI (Baden-Württemberg) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10327 Heinrich Heine GmbH LfDI (Baden-Württemberg) Pending (2 - 3 years) Filed:
(2 years 8 months ago)
C037-10333 ConnectWise, LLC DSB (Austria) Partly Won Filed:
(1 year 8 months ago)