Noyb success: ORF.at must correct misleading cookie banner
The Austrian Broadcasting Corporation (ORF) is required to amend its cookie banner on ORF.at to comply with GDPR regulations. The Federal Administrative Court upheld a previous ruling by the Austrian Data Protection Authority, stating that both 'Accept' and 'Reject' buttons must be equally prominent. This decision may have broader implications for other companies with similar cookie banner issues.
- ▪The Federal Administrative Court ruled that ORF's cookie banner misled users by highlighting the 'Accept' option.
- ▪Noyb filed 422 GDPR complaints against various websites, including ORF.at, for misleading cookie banners.
- ▪The court emphasized that both consent options must be equally visible to ensure valid consent.
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Cookie Banners / 21 May 2026 The Austrian Broadcasting Corporation (ORF) must amend its cookie banner on ORF.at to bring it into line with the GDPR. This has now been decided by the Federal Administrative Court (BVwG), thereby upholding a decision made by the Austrian Data Protection Authority in 2024. Specifically, the ORF must ensure that the buttons to ‘accept’ or ‘reject’ tracking cookies are designed equally so that visitors are not tricked into agreeing. Currently, the ‘Accept’ option is misleadingly highlighted in colour, which can lead to unintended consent. Federal Administrative Court decision GDPRhubComplaint procedure C037-401Background. In August 2021, noyb lodged 422 GDPR complaints against websites that used misleading and unlawful cookie banners.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at noyb.eu.
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