Lower Saxony's data protection officer Denis Lehmkemper can report a legal victory in his long-standing battle against manipulatively designed cookie banners.
Accordingly, cookie banners must not be specifically designed to encourage users to click on consent and must not prevent them from rejecting the controversial browser files.
Otherwise, the cleverly obtained consent would be ineffective, explains the Lower Saxony supervisory authority with reference to the reasons for the ruling.
This would constitute a violation of the Telecommunications Digital Services Data Protection Act (TDDDG) and the General Data Protection Regulation (GDPR).
In the case, the Neue Osnabrücker Zeitung (NOZ) had taken legal action against an order issued by Lehmkemper (case reference: 10 A 5385/22).
Moreover, the data protection authority was not responsible for monitoring compliance with the legal provisions on setting cookies.
The 10th Chamber of the Administrative Court has now ruled that rejecting cookies on the controversial banner was much more complicated than accepting them. »