Excerpt
The Austrian DPA found the respondent at fault for not providing information and notifications in languages that are relevant to the countries where the services are being offered, based on the nationality or place of residence of the data subject.
Our analysis
The respondent violated Article 14 of GDPR by using a deceptive pattern of language discontinuity, as they provided the complainant with information in Polish, despite the complainant residing in Austria and speaking German. The respondent further processed the complainant's data for five months without informing her. Although the respondent subsequently provided the required information in German during the proceedings, they violated the law by not initially providing information in a language that the complainant could understand. However, the complaint was dismissed as the complainant did not claim linguistic inability and the subsequent information was considered to be sufficiently comprehensible.
Outcome
The Austrian DPA stated that the respondent can fix the alleged violation by following the complainant's requests until the investigation is finished.
Parties
Brigitte A. (complainant) and N & Co Material GmbH (respondent)
Case number
DSB - 2020-0.816.655
Decision
Related deceptive patterns
The trick wording deceptive pattern takes advantage of user expectations and ambiguous language to mislead and deceive users. It is normal for users to scan-read when they are online, as a way to cope with the sheer volume of information they are faced with. This means they don't read and dwell on every word on every page. Trick wording usually takes advantage of the scan reading strategy, by making a piece of content look like it is saying one thing, when in fact it is saying something else that is not in the user's best interests.
Related laws
Defines the territorial scope of GDPR
Defines the term "main establishment" for controllers and processors operating in multiple EU member states.
Ensures transparent information and easy access for individuals to their personal data processing, with the right to obtain a copy in a clear and common format.
Specifies required information for data subjects when collecting personal data from other sources, including controller identity, processing purposes, personal data categories, recipients, and retention period.
Grants individuals the right to access their personal data and receive information on how it is processed.
Outlines the tasks and powers of the supervisory authorities.
Respondent can remedy alleged infringement while proceedings are pending and complainant must explain why they consider infringement not remedied, otherwise procedure is discontinued.
German is Austria's official language, but its autochthonous ethnic groups and Austrian sign language are recognized, respected, safeguarded, and supported.