The DPA ordered a public broadcaster to adjust its website’s cookie banner since the graphic emphasis of the

DSB (Austria) - D124.0507/24 2024-0.633.166

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2024-10-31 08:30:04

The DPA ordered a public broadcaster to adjust its website’s cookie banner since the graphic emphasis of the "accept all cookies" option invalidates the data subject’s consent under Article 6(1)(a) GDPR.

On the 11 August 2021, the data subject, represented by noyb filed a complaint against the Austrian public broadcaster (Österreichischer Rundfunk – ORF). The data subject visited the website of the controller (www.orf.at) on the 21 January 2021 and was confronted with a cookie banner which lacked any clear option to refuse the placement of cookies. Further, the controller had placed cookies ahead of any interaction with the cookie banner. The complaint highlighted that through the design of the cookie banner, the controller could not rely on the unambiguous consent of users for the processing of personal data and requested the erasure of their personal data gathered through the cookies.

The data subject therefore requested the DPA to order the controller to delete the data subject's personal data in accordance with Article 17 GDPR and to cease the unlawful processing of personal data of users.

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