The audit of the associations also revealed that some websites are moving in legal gray areas in that companies are using so-called dark patterns. In relation to cookie banners, dark patterns are a method of enticing website visitors to agree to all cookies by means of the (visual) design of the banners. The legality of dark patterns is also questioned by the data protection association noyb (none of your business), which has filed complaints against several companies with the data protection supervisory authorities (see our article “Noyb files complaints with data protection supervisory authorities against cookie banners”). The outcome of these proceedings is still being awaited.
The action of the consumer associations shows that companies should also take data protection seriously when designing their websites. Violations can quickly become expensive. Not only do they face high fines under the GDPR, but also warnings under competition law. In addition, legal violations can lead to damage to your image.
If you too are not sure whether your website sets cookies and whether your cookie banner is designed in compliance with data protection, come to us! We will help you with a quick check of your website and can tell you exactly what action you need to take.
Simply use our contact form to do so. You can also reach us by phone at our headquarters in Hutthurm on +49 (0) 8505 91927 – 0 or at our branch in Munich on +49 (0) 89 413 2943 – 0.