Privacy & Information Security Law Blog - Austrian DPA Issues Decision On Validity Of Cookie Consent Solution

On November 30, 2018, the Austrian Data Protection Authority ("DPA") published a decision in response to a complaint received from an individual regarding the cookie consent options offered on an Austrian newspaper's website. As a factual matter, the Austrian newspaper offered three options to individuals who sought to access content on the site: (1) accept the use of cookies for analytics and advertising purposes and have full, complimentary website access; (2) refuse cookies and obtain access to only limited content on the website; or (3) pay a monthly subscription of €6 to obtain full access to the website without accepting the use of cookies and similar tracking technologies.

The complainant argued that this approach by the newspaper did not comply with the requirements for valid consent under the EU General Data Protection Regulation ("GDPR") since access to site content was conditional on an individual consenting to the processing of personal data that is not