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Saying no should be as easy as saying yes, otherwise it is a GDPR violation.
Cookie dialogs on the web that make it more difficult to opt out of being tracked than to opt in are a violation of the General Data Protection Regulation (GDPR), a court in the German state of Lower Saxony has ruled in a new ruling that could have consequences far beyond the region, Techspot reports .
The Lower Saxony data protection authority had ordered the media company NOZ (Neue Osnabrücker Zeitung) to change the design of its cookie dialogs, which the authority considered to be in breach of the GDPR. The company refused, which led to the case being decided in court. The court thus sided with the data protection authority.
The judges found that NOZ cookie dialogs are designed in a way that makes it significantly more complicated to not give consent than to give it. Those who say no receive repeated dialogs and the language in the dialogs has misled users with headings such as “optimal user experience” and “accept and save” buttons. Nowhere was “consent” mentioned and information that data will be used for tracking and sent to third parties was hidden.
Consent under GDPR should be a free and informed choice, which NOZ dialog has failed to do. The court states that the company must make it as easy to say no as to say yes. If there is an “accept all” button, there must also be a “reject all” button. The company must also not use language that will entice the visitor to consent.
Source: https://www.techspot.com/news/10804...tand-against-manipulative-cookie-banners.html
Cookie dialogs on the web that make it more difficult to opt out of being tracked than to opt in are a violation of the General Data Protection Regulation (GDPR), a court in the German state of Lower Saxony has ruled in a new ruling that could have consequences far beyond the region, Techspot reports .
The Lower Saxony data protection authority had ordered the media company NOZ (Neue Osnabrücker Zeitung) to change the design of its cookie dialogs, which the authority considered to be in breach of the GDPR. The company refused, which led to the case being decided in court. The court thus sided with the data protection authority.
The judges found that NOZ cookie dialogs are designed in a way that makes it significantly more complicated to not give consent than to give it. Those who say no receive repeated dialogs and the language in the dialogs has misled users with headings such as “optimal user experience” and “accept and save” buttons. Nowhere was “consent” mentioned and information that data will be used for tracking and sent to third parties was hidden.
Consent under GDPR should be a free and informed choice, which NOZ dialog has failed to do. The court states that the company must make it as easy to say no as to say yes. If there is an “accept all” button, there must also be a “reject all” button. The company must also not use language that will entice the visitor to consent.
Source: https://www.techspot.com/news/10804...tand-against-manipulative-cookie-banners.html