Currently, the VZBV has no further comments regarding the complaint; however, it supposedly concerns ePrivacy violations, such as missing consent for accessing/storing cookies on users’ devices as well as failing to inform users of data processing by cookies (Article 12, 13 and 26 of the GDPR).
Also, tracking may only start after the user has actively given consent (e.g., by accepting cookies). All cookies, tools, and scripts must be deactivated until valid consent is obtained.
Earlier this year, the BayLDA investigated 40 company websites’ cookie consent solutions, only to find poor results and a lack of compliance with ePrivacy and GDPR.
The authority expects, among others, that websites will collect valid consent if they use tracking tools from third-party providers such as Google’s advertising network (e.g., Google Analytics) or hidden ‘pixels’ such as Facebook Pixel.
Should the affected media not respond to the warning by the VZBV and, for example, sign a declaration of discontinuance, it should come to legal proceedings.