Federal Administrative Court orders ORF to redesign cookie banner

What happened

• The court confirmed that ORF’s cookie banner violates the GDPR by highlighting the “Accept” button in colour, creating misleading consent.
• The 2024 decision of the Austrian Data Protection Authority required equal prominence for both options, and the court rejected ORF’s appeal.
• The ruling signals that similar dark‑pattern banners across the EU will face the same scrutiny.

Why it matters

Other publishers with cookie banners that favour consent will need to audit button design and ensure parity, or risk comparable court orders.

Business impact

Web teams must adjust UI styles and possibly update consent‑management platforms to meet the equal‑prominence requirement, affecting rollout timelines and testing cycles.

What to check

1. 1

   audit cookie banner UIHigh priority

   Check that “Accept” and “Reject” buttons have identical colour, size, and placement prominence.

2. 2

   update banner designHigh priority

   Redesign any banner where the consent option is visually dominant to meet GDPR parity standards.