EU Privacy Campaign Group filed a batch of warnings to websites with non-compliant cookie banners

UniConsent

2 min read

EU privacy campaign group Noyb has filed 226 GDPR complaints with 18 authorities to the websites that installed non-compliant cookie banners on 9th Aug 2022.

Noby is the European centre for digital rights, it is a non-profit organization based in Vienna, Austria established in 2017 with a pan-European focus.

Previously, Noyb has also filed complaints against Apple's tracking code "IDFA".

EU GDPR Cookie Consent ComplianceEU GDPR Cookie Consent Compliance

Noby has found some websites that installed cookie banners have no choice at all being offered to site users to deny tracking in a clear breach of the law around consent. Others have implemented a reject button (30% of all warned websites) but are still ignoring other aspects like deceptive designs.

"Deceptive cookie banner designs try to force a user’s agreement by making it insanely burdensome to decline cookies. The GDPR actually requires a fair yes/no choice, not crazy click-marathons." - Ala Krinickytė, Data Protection Lawyer at noyb

"We want to ensure compliance, ideally without filing cases. If a company however continues to violate the law, we are ready to enforce users’ rights,” - Max Schrems, Chairman at noyb

The examples of pages violate "almost everything":

  1. No Reject Option on First Layer
  2. Pre-Ticked
  3. Link instead of Button to Reject
  4. Deceptive Button Contrast
  5. Deceptive Button Color
  6. Legitimate Interest
  7. Not "Essential"
  8. "Not as easy to withdraw as to consent"
  1. Display Reject All button at the first layer
  2. Avoid GDPR dark-patterns
  3. Integrate with your tags correctly and only load them once consent is given

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References

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