DSB (Austria) - 2025-0.276.820

Holding === Holding ====== Holding === The Dutch Data Protection Authority (AP) has determined that the responsible party violated Article 58(2)(d) of the GDPR. This article grants supervisory authorities the power to issue binding instructions to controllers to ensure compliance with the GDPR. The violation occurred because the responsible party failed to implement a binding instruction, specifically to modify the cookie banner on the website to allow users to easily refuse consent, as well as to provide the option to grant consent. The AP found that the responsible party violated Article 58(2)(d) of the GDPR by failing to comply with the AP's binding instructions regarding the implementation of changes to the cookie banner on the responsible party's website, which would allow users to easily refuse consent. The AP concluded that the failure was due to negligence, and not intentional misconduct. Following a ruling by the Court of Justice of the European Union (C-807/21 - Deutsche Wohnen), negligence is sufficient to justify a fine under the GDPR. Negligence occurs when the responsible party cannot demonstrate that...

This content has been automatically translated using machine translation. The original version is available in the source language.

This content was automatically translated using machine translation. The original version is available in the source language.