noyb success: ORF.at must correct misleading cookie banner

Cookie Banners 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. Among them was ORF.at (the most visited news website in Austria) whose cookie banner at the time did not offer any option to “Reject” tracking cookies on the first level. In its decision of October 2024, the Austrian Data Protection Authorit