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EU: NOYB issues 560 draft cookie complaints, more to follow
None of your business ('NOYB') announced, on 31 May 2021, that it had sent 560 draft complaints to companies across 33 European jurisdictions with respect to cookie banners that NOYB deems 'unlawful'. In particular, NOYB outlined that 90% of the complaints relate to not providing users with a way to easily withdraw consent, and that 81% of the investigated cookie banners did not offer a reject option on the first layer of the banner, thus requiring users to access sub-layers to find a reject option. Other issues identified by NOYB include the use of colours and contrasts which allegedly lead users to clicking the accept option, the use of legitimate interests as a legal basis for processing, the classification of essential cookies, and the use of pre-ticked consent fields.
In addition, NOYB announced that it had developed a software that recognises the various issues identified by NOYB with respect to cookie banners and automatically generates draft complaints, which companies have a one-month grace period to address before a formal complaint is lodged with the relevant supervisory authority. NOYB further outlined its intention to investigate the cookie banners of 10,000 of the most visited websites in Europe over the course of 2021.
You can read the press release here.