The Federal Administrative Court (BVwG) upheld the Austrian Data Protection Authority's 2024 decision that ORF.at's cookie banner violates the GDPR. The court ruled that the ‘Accept’ button must not be highlighted in colour and that ‘Accept’ and ‘Reject’ buttons must have equal prominence. ORF must redesign its banner to obtain valid, unambiguous consent.
Why it matters: The ruling clarifies that cookie consent mechanisms must offer equally prominent opt‑in and opt‑out options, impacting many online services.
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