Privacy organization Noyb: wave of complaints against cookie banners

 Since the launch of the General Data Protection Regulation three years ago, cookie banners have become ubiquitous on the web. The data protection organization Noyb considers these requests to be manipulative - and wants to take action against them.

The European data protection organization Noyb wants to take action against illegal cookie consent requests on the web with a large-scale wave of legal complaints. The association sent around 560 letters of complaint to companies in Europe and the USA. According to Noyb's assessment, the companies had used cookie banners to illegally obtain consent for data tracking.

Cookies are small data sets that websites store to make users identifiable. Cookies can be used to create user profiles that allow far-reaching conclusions to be drawn about surfing behavior, preferences and lifestyle habits. This knowledge is used for personalized advertising, for example.

Clear choice between "Yes" or "No"

The association Noyb, founded by data protection activist Max Schrems, said the European General Data Protection Regulation (GDPR) stipulates that users must be presented with a clear choice of "yes or no." Instead, providers tried to get around this with tricks. Annoying cookie banners appeared at every turn and often made it extremely complicated to click anything other than the "Accept" button.

Noyb has developed software that can detect different types of unlawful cookie banners and automatically generate complaints. After starting with around 560 major websites - including the offerings of U.S. Internet corporations Facebook, Google and Twitter - the association plans to scrutinize up to 10,000 of the most visited websites in Europe.

Up to 20 million euros in fines

Before filing formal complaints with the relevant data protection authorities, Noyb said it would give the affected companies one month each to adjust their cookie banners to comply with the legal requirements. If a company does not change its settings within one month, Noyb will file the complaint with the competent authority. A fine of up to 20 million euros could then be imposed.

Unlike some warning associations, however, Noyb does not want to make money from the wave of complaints itself, he said. "We are doing this on a pro bono basis with no profit motive." The project, he said, is financed from Noyb's general budget, which relies in large part on some 4,000 members from across Europe.

Max Schrems is best known for his dispute with Facebook. He has won two spectacular victories before the European Court of Justice (ECJ) concerning the exchange of data between the United States and the European Union. In October 2015, the ECJ overturned the "Safe Harbor" agreement. Last June, Schrems also brought down the successor regulation "Privacy Shield" before the ECJ.

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