EU Regulation 2016/679 - Decision Register

ARTICLE 7 GDPR / ENFORCEMENT GUIDE

Article 7 GDPR Fines, Consent & Cookie-Banner Enforcement

The conditions for valid consent. Combined with Article 4(11) (consent definition) and Article 5(3) ePrivacy (cookie placement), Article 7 underlies the bulk of ad-tech and cookie enforcement across the EU.

Statutory cap (GDPR)

Art 83(5) upper tier

Max fine

€20M or 4% turnover

Largest CNIL sanction

€325M Google 2025 (cookies + Gmail ads)

Cookie standard set

Dec 2021 CNIL

Key CJEU case

Planet49 C-673/17

EDUCATIONAL ONLY

This page is a reference summary of a published regulator decision. It is not legal advice. Consult a qualified data protection lawyer for advice on your specific situation. The UK GDPR is a separate regime from the EU GDPR following Brexit. Always read the source decision in full before relying on any figure or quote.

FULL ARTICLE TEXT

Article 7 in full

Article 7: Conditions for consent

1. Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.

2. If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.

3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.

4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.

And from Article 4(11): "consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Full text on EUR-Lex (CELEX 32016R0679, Article 7).

What valid consent requires

Article 4(11) and Article 7 together define what constitutes valid consent. Four cumulative elements: freely given, specific, informed, unambiguous. Each element has been the subject of substantial DPA and court interpretation. Freely given means the data subject has a genuine choice and is not coerced; this is the dimension at issue in the "refuse as easily as accept" cookie cases. Specific means consent is for an identified processing operation or operations, not for general or open-ended use; this is the dimension rejecting bundled consent. Informed means the data subject has the necessary information to understand what they are consenting to, satisfying Articles 12-14 transparency. Unambiguous means the consent must be expressed through a clear affirmative action; this is the dimension rejecting pre-ticked checkboxes (Planet49, C-673/17).

Additionally, Article 7(3) requires that withdrawal of consent be as easy as giving it. This is the parallel principle to the cookie-banner refusal principle in the ongoing-consent dimension. A controller cannot make withdrawal harder than giving consent (e.g. requiring postal mail to withdraw consent that was given by clicking a button).

The GDPR-ePrivacy interaction for cookies

Cookie placement and similar storage/access operations on a user's terminal equipment are governed by Article 5(3) of the ePrivacy Directive (2002/58/EC, as amended by Directive 2009/136/EC). Article 5(3) requires user consent for such storage/access, with a narrow exception for cookies strictly necessary for the requested service. The Directive is implemented in each Member State through national law: Article 82 of the Loi Informatique et Libertés in France, the Privacy and Electronic Communications Regulations 2003 in the UK, the Telekommunikation-Telemedien-Datenschutz-Gesetz in Germany, and analogous frameworks in other Member States.

The substantive concept of consent under these national ePrivacy implementations is interpreted by reference to Article 4(11) GDPR. So cookie enforcement against a controller is typically formally framed as an Article 82 LIL (or equivalent) infringement, but the doctrinal analysis tracks GDPR consent principles. This is why the CNIL's cookie decisions cite EDPB guidance and CJEU case-law on consent even though they are formally not GDPR enforcement.

Landmark consent and cookie fines

Google €150 million (CNIL, decision of 31 December 2021, announced 6 January 2022): the leading authority on the "refuse as easily as accept" standard, imposed as €90 million on Google LLC and €60 million on Google Ireland Limited. Established that asymmetric accept/refuse UX infringes the freely-given requirement.

Facebook Ireland €60 million (CNIL, decision of 31 December 2021, announced 6 January 2022): parallel decision on the same legal theory applied to the facebook.com banner.

Microsoft Ireland €60 million (CNIL, 19 December 2022): extension to bing.com, confirming that the standard applies across major search providers.

Amazon Europe Core €35 million (CNIL, 7 December 2020): earlier cookie decision focused on cookie placement without prior consent. The Conseil d'État confirmed the penalty on 27 June 2022. Note that this is a French decision under Article 82 LIL, and is a separate matter from the Luxembourg CNPD fine below.

Amazon €746 million (CNPD, 2021): although formally framed on Article 6 lawful-basis grounds, the substantive issue is consent-vs-other-basis for behavioural-advertising processing, which makes it the leading authority on the boundary between Article 6(1)(b) contract and Article 6(1)(a) consent for ad-tech. The fine itself no longer stands: on 12 March 2026 Luxembourg's Cour administrative annulled it on procedural grounds and remitted the case to the CNPD. The court upheld the underlying findings, so the doctrine survives even though the €746 million figure does not.

Google €325 million (CNIL, deliberation SAN-2025-004, 1 September 2025): the CNIL's largest sanction to date, split €200 million on Google LLC and €125 million on Google Ireland Limited. It is not a cookie-only penalty. The restricted committee found two separate breaches, an Article 82 LIL cookie breach and an Article L.34-5 CPCE breach for advertisements inserted between messages in the Gmail Promotions and Social tabs, and it did not apportion the amount between them. On the same day the CNIL fined SHEIN €150 million (Infinite Styles Services Co. Limited, deliberation SAN-2025-005) on Article 82 LIL cookie grounds alone.

IAB Europe TCF (APD, 2022): the leading authority on consent-framework architecture. Established that the TC String constitutes personal data and that IAB Europe is a joint controller for its processing.

Meta Ireland €390 million (DPC, January 2023): the EDPB-instructed decisions rejecting contract-as-basis for personalised advertising on Facebook and Instagram, definitively establishing consent as the required basis for behavioural ad-targeting.

Common compliance failures

The recurring patterns in cookie and consent enforcement are well-documented. Asymmetric accept/refuse UX on cookie banners (the principal CNIL pattern). Pre-ticked checkboxes (the Planet49 prohibition). Bundled consent covering multiple unrelated processing purposes without granular choice. Consent obtained as a pre-condition for receiving a service where the processing is not actually necessary for the service. Consent-withdrawal mechanisms that are materially harder than the consent-giving mechanism. Failure to record and demonstrate consent (the Article 7(1) accountability dimension). Reliance on contract or legitimate-interests for processing where consent is the correct basis (the Amazon CNPD and Meta EDPB pattern).

Defensive controls

For cookie banners specifically: deploy a CMP that offers "Accept all" and "Reject all" on the first screen with equivalent visual weight; do not place tracking cookies before consent; provide granular per-purpose controls in a settings screen; provide a persistent settings icon for ongoing consent management; record consent events with sufficient detail to demonstrate compliance (timestamp, banner version, choices made).

For non-cookie GDPR consent: distinguish processing where consent is the correct lawful basis from processing under other bases; for consent-required processing, use a clear and prominent consent collection UX; avoid bundling unrelated purposes; surface withdrawal mechanisms (e.g. a single-click unsubscribe link in every marketing email); record consent provenance and version.

For special-category data (Article 9(2)(a) explicit consent): require an affirmative action plus an additional confirming step (e.g. tick-box plus confirming statement) to satisfy the higher explicit-consent standard.

What the published decisions actually show

No supervisory authority publishes a distribution of cookie or consent fine sizes, so there is no honest "typical fine" figure to quote. What there is instead is the decision record itself, and two things stand out in it.

The first is that the CNIL's platform-scale cookie fines have climbed, not settled: Amazon Europe Core €35 million in December 2020, then Google €150 million and Facebook Ireland €60 million in the decisions of 31 December 2021, Microsoft Ireland €60 million in December 2022, and Google €325 million alongside SHEIN €150 million in September 2025. Read the top of that list carefully. Google's €325 million is a combined sanction covering both cookies and advertising inserted between Gmail messages, with no split published between the two grounds, so it is not a like-for-like cookie figure. SHEIN's €150 million is cookie-only, and it matches rather than exceeds the largest previous cookie-only sanction, the €150 million imposed across two Google entities on 31 December 2021. The defensible reading is that cookie-only exposure at platform scale has held at around €150 million while the CNIL's overall ceiling in a cookie-adjacent case has more than doubled.

The second is the gap between that top end and ordinary national enforcement. Spain's AEPD is one of the highest-volume enforcement authorities in the EU, cookie-consent failures prominent among them, and its entire 2024 fining output was €35,592,200 across 281 decisions, an average of about €127,000 each. In other words, one CNIL decision against one platform in 2025 was worth roughly nine times everything the Spanish regulator fined in a year. Any figure you see quoted as a "typical" cookie fine is describing one of these two worlds and not the other.

FREQUENTLY ASKED

About Article 7 consent fines

What does Article 7 GDPR require for valid consent?
Article 7(1) requires that controllers be able to demonstrate that the data subject has consented to processing. Article 7(2) requires that requests for consent in written declarations be clearly distinguishable from other matters, in an intelligible and easily accessible form. Article 7(3) requires that consent be as easy to withdraw as to give. Article 7(4) requires that the conditional nature of consent (whether performance of a contract is conditional on consent) be taken into account. Read together with Article 4(11), consent must be freely given, specific, informed and unambiguous.
What is the 'refuse as easily as accept' principle?
Established in the CNIL January 2022 Google and Facebook decisions, the principle holds that a cookie banner must offer a refusal action no more burdensome than the acceptance action. A 'Reject all' button must be available on the same screen as 'Accept all', with equivalent visual weight. Multi-click refusal paths, hidden refusal options and dark-patterns favouring acceptance all infringe the freely-given requirement.
How does GDPR consent relate to cookie consent?
Cookie consent specifically is governed by Article 5(3) of the ePrivacy Directive (2002/58/EC), implemented in each Member State through national law (Article 82 LIL in France, PECR in the UK, TTDSG in Germany, the Decreto Legislativo 196/2003 framework in Italy). The substantive concept of consent under these national implementations is interpreted by reference to Article 4(11) GDPR. So cookie fines are typically imposed under the national ePrivacy implementation, but the doctrine of valid consent is GDPR-aligned.
Why isn't consent the right lawful basis for everything?
Consent is only one of six Article 6(1) lawful bases. For processing that is necessary for the performance of a contract (6(1)(b)), or for a legitimate interest of the controller balanced against the data subject's rights (6(1)(f)), consent is not required and is in fact often the wrong basis. Asking for consent for processing that is actually contract-necessary can render the consent invalid (because it is not 'freely given' in the relevant sense). The Amazon CNPD case and the Meta EDPB decisions are leading authorities on the boundary between consent and contract.
What is the typical fine for Article 7 consent failures?
There is no published 'typical' figure, because no supervisory authority publishes a distribution of cookie or consent fine sizes. What is published is the individual decisions and the annual totals. At the top, the CNIL's cookie line runs Amazon Europe Core €35M (December 2020), Google €150M and Facebook Ireland €60M (both decided 31 December 2021), Microsoft Ireland €60M (December 2022), and, in September 2025, SHEIN €150M on cookie grounds alone plus Google €325M on combined cookie and Gmail-advertising grounds that the CNIL did not apportion. At the other end of the scale, Spain's AEPD, whose caseload is dominated by small national controllers including cookie-banner matters, imposed 281 fines totalling €35,592,200 across the whole of 2024, an average of roughly €127,000 per decision. Note that Article 7 GDPR itself sits in the Article 83(5) upper tier (€20M or 4% of worldwide turnover), whereas cookie placement is usually charged under national ePrivacy implementations, which carry their own separate national ceilings.
What about consent for sensitive (special-category) data?
Article 9(2)(a) allows processing of special-category data on the basis of 'explicit' consent of the data subject. Explicit consent is a higher standard than regular consent: it requires an unmistakable affirmative action (typically a tick-box plus a written or oral statement). For health data, biometric data, religious or political-opinion data, the explicit-consent standard applies.
Are silent or pre-ticked consent boxes valid?
No. The CJEU ruling in Planet49 (C-673/17, October 2019) established that pre-ticked checkboxes do not satisfy the 'unambiguous' indication requirement. Consent must require an affirmative action by the data subject. This applies to GDPR consent generally and to cookie consent under ePrivacy.

CROSS-REFERENCES

Cases citing Article 7 / cookies

ARTICLE 7 / COOKIES

Google €150M CNIL (2022)

The leading 'refuse as easily as accept' cookie-banner authority.

Open reference →

CONSENT-CONTRACT BOUNDARY

Amazon €746M (2021)

The leading consent-vs-contract authority for ad-tech. Fine annulled on procedural grounds in March 2026; findings upheld.

Open reference →

CONSENT-CONTRACT BOUNDARY

Meta €390M (2023)

The decision that forced behavioural advertising off contract and onto consent.

Open reference →

SUPERVISORY AUTHORITY

French CNIL Profile

Europe's leading cookie-enforcement authority.

Open reference →

SUPERVISORY AUTHORITY

Belgian APD Profile

IAB Europe TCF framework decision.

Open reference →

ARTICLE 5

Article 5 Enforcement

5(1)(a) fairness applied alongside Article 7 consent.

Open reference →

REGISTER

Full Decision Register

Browse all major cookie and consent fines.

Open reference →

SOURCES & CITATIONS

Primary sources

Figures as of September 2026. Verified against published DPA decisions.

REGISTER UPDATED 2026-04-28