In August 2021, NOYB (European Center for Digital Rights), a non-profit organization founded by Austrian activist Max Schrems, filed 422 official complaints against companies using inappropriate cookie usage messages. Failure to respond will result in complaints being forwarded to the relevant European supervisory authorities, which could result in heavy fines.

Additionally, special software has been created to automatically scan websites for illegal cookie banners. When irregularities are detected, a draft complaint is automatically generated and sent to the appropriate company. In May 2021, the first 560 websites in 33 countries (including all EU/EEA member states except Malta and Liechtenstein) received such a letter. Ultimately, as Max Schrems points out, the plan is to analyze over 10,000 websites.

The main areas of illegality of the messages pointed out by NOYB are the inability to reject cookies when entering the website in the so-called first layer of the message, the misleading design of the buttons and the difficult possibility of withdrawing the consent granted.

Please note that user consent to the use of cookies is not required only when the website uses only so-called technical cookies that ensure its proper operation, display, communication with the user's device, etc. The use of marketing and analytical cookies requires consent to use, i.e., in accordance with the definition set out in Article 4 of the GDPR – a voluntary, specific, informed and unambiguous expression of will.

This alert is for informational purposes only and does not constitute legal advice.

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