DPE-2026-0003

No refusal option

The consent dialogue offers acceptance and no way to refuse.

In het NederlandsGeen weigeroptieWat vraag ik hierover, en hoe herken ik een ontwijkend antwoord?

Consent web status active

What it is

The banner presents an accept control, and refusing requires either leaving the site or navigating a path that does not lead to a working refusal.

Why it is a separate entry

A choice with one option is not a choice. Consent must be freely given, and it is not free if the only way out is to leave.

How it arises

banner template with a single call to action
refusal hidden behind a settings layer that does not save
closing the banner counted as acceptance

Not to be confused with

If a refusal option exists but does nothing, that is Refusal without effect. Here the option is absent.

How to establish it

No refusal affordance in the banner DOM: no control whose action registers a negative consent state, at any layer reachable from the first screen.

method static-sourceQoD 60

Requirements on the measurement

inspect every layer of the dialogue, not only the first screen
dismissing by clicking away is not a refusal; check what state it writes

What would refute it

by handA refusal exists on a second layer of the dialogue.finding falls
automatedThe site sets no consent-bound technology at all, so no refusal is required.finding falls

Where this plugs into existing processes

The one question that surfaces itWhere in the banner does someone say no, and what does that store?

In a DPIA, verify this

Verify that a refusal control exists and writes a negative state, rather than that a banner is present.

As a procurement clause

The consent dialogue offers refusal at the same level as acceptance, verifiable from the first screen.

With a complaint, hand over

A screenshot of every layer of the dialogue and the consent state written by each control.

Reproduction

METHOD.md · by hand · no dedicated reproduction exists yet; follow the general method and the indicator above
repro/web/check.mjs · script · the run reports DPE-2026-0003 as present, with the detail behind it

Third parties that can confirm it: urlscan.io

Legal framing

eu-gdpr-6-1-a

Case law

cjeu-planet49

Objections, and the answer

“Visitors can refuse in their browser settings.”

Consent is sought by the controller and must be refusable where it is sought. Delegating that to the browser does not discharge it.

What this does not establish

harm; the catalogue standardises a finding so it can be referred to, it does not weigh it
severity; there is no score here, by design. Weighing belongs to whoever applies the entry to a concrete case
unlawfulness; that is for a supervisory authority or a court
intent; a fault is usually a build decision, not a plan
absence: not finding it in one capture is not evidence that it is not there

DPE-2026-0002 · Refusal without effect

How to cite this entry

In text: DPE-2026-0003 (No refusal option)
URL: https://totaledigitalewaarborging.nl/register/DPE-2026-0003
Machine: https://totaledigitalewaarborging.nl/register/DPE-2026-0003/index.json
Full: DPE Catalogue. DPE-2026-0003: No refusal option. Schema 2.0, entry status active. Retrieved from https://totaledigitalewaarborging.nl/register/DPE-2026-0003
Measurement: When you publish a finding, cite the method version alongside the entry: “DPE-2026-0003, established under DPE Measurement Method 1.0”

Identifiers are permanent and are never reused. An entry that is deprecated keeps its number and its address, with the reason attached, because references to it exist elsewhere.