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631.106.4
CR 66495
Berlin Commissioner for
Data Protection and
Freedom of Information
8 November 2021
Friedrichstr. 219
10969 Berlin
Final Decision pursuant to article 60 (8) GDPR
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Preliminary comments disabled members of the public.
In July 2018 the Berlin DPA received a complaint (reference number Contact us
521.10011 / 631.106) about the controller Spotify regarding the use of
Phone: +49 (0)30 13889-0
cookies on Spotify´s homepage. A procedure pursuant to article 56 was Fax: +49 (0)30 215 50 50
started in the IMI, in which Sweden resulted as Lead Supervisory Authority.
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for registering data protection
In November 2020, the Swedish Supervisory Authority IMY broadcasted a complaints:
www.datenschutz-berlin.de/be-
Draft Decision (DD 164968) to close the case because “in Sweden the use schwerde.html
of cookies is regulated in the Privacy and Electronic Communications Di- For all other enquiries, please
rective which is incorporated into the Swedish Law through the Swedish send an e-mail to:
[email protected]
Electronics Communications Act (ECA), over which The Swedish Post and
Telecom Authority (PTS) is the supervisory authority”. The Draft Decision Fingerprint of our
PGP-Key:
received a series of comments asking for clarification but no formal objec-
tion. D3C9 AEEA B403 7F96 7EF6
C77F B607 1D0F B27C 29A7
In October 2021, it was clarified between the Berlin DPA and the Swedish
Office hours
Supervisory Authority that the aforementioned Draft Decision had been in-
tended as a decision pursuant to article 60 (8) GDPR. Daily from 10 am to 3 pm,
Thursdays from 10 am to 6 pm
(or by appointment)
For this reason, an in order to comply with article 60 (8) GDPR and close
the case, the Berlin DPA hereby adopts the Draft Decision 164968 as it How to find us
was originally formulated by the Swedish Supervisory Authority:
The underground line U6 to
Kochstraße / Bus number M29
“Complaint concerning Spotify’s privacy policy and 248
Regarding the complaint against Spotify in IMI case register Visit our Website
(66495). https://privacy.de
Background
The complainant alleged that in order to access information on
Spotify’s website one have to activate cookies. Spotify also wants to
force the user to accept cookies, although this should be optional. It
is stated on the website that the consent to cookies can be modified
or withdrawn. That is however false according to the complainant
since the service doesn’t work without the use of cookies.
Finding
-2-
The Swedish Data Protection Authority has received several com-
plaints after GDPR came into force concerning websites that alleg-
edly use cookies and other tracking technologies non-compliantly
with applicable law.
Unfortunately, we can neither inspect, review nor influence the use
of such technologies. The information provided in this complaint will
therefore not lead to any further actions by the Swedish SA.
The following background information and legal grounds are appli-
cable. In Sweden the use of cookies is regulated in the Privacy and
Electronic Communications Directive which is incorporated into the
Swedish Law through the Swedish Electronics Communications Act
(ECA), over which The Swedish Post and Telecom Authority (PTS)
is the supervisory authority.
After having assessed the circumstances in the now relevant case
we have concluded that the complaint mainly concerns the collec-
tion of and consents to the use of cookies. The competent authority
to initiate an audit toinvestigate the subject matter is the Swedish
Post and Telecom Authority.
With this informational letter the case will hereby be closed.”