Infringement of the Spanish Cookie Law

Follow Regulations and Avoid Penalties up to 600,000€

First Things First: What Are Cookies?

Cookies are files created by a website that contain data that identifies the user. The aim is to show personalized content, fitting the user’s preferences.

When a user first visits a website, it stores a cookie in our browser. If we come back to the same website, the site will offer us tailored content, according to our previous visit.

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Types of Cookies

We can group cookies into two different groups: First and Third-Party cookies.

An “X” in the Box is Not Enough

Since General Data Protection Regulations 2016, the user should receive an informed consent to know:

  • What type of cookies the website uses
  • What data the site stores and for what purpose
  • Possible implications for privacy.

In short: greatest transparency.

The End of the Cookies’ Wall

Besides, the Spanish Data Protection Agency (AEPD) updated in May 2020 the Guide on the use of cookies to follow the guidelines of the European Data Protection Committee (EDPS). The change implies the end of the obligation to accept cookies. The goal is to continue browsing and avoid restriction on access to some content if we do not accept them, an action known as the “cookie wall”. In these cases, if the user does not want to accept them, they should have an alternative access to the content. Finally, the website must offer the possibility of revoking previous granted permissions if the user so wishes.

Possible Sanctions

Sanctions may be due to non-compliance with the Organic Law for the Protection of Personal Data (Article 5, LOPD). Depending on the severity, they range from 900€ for minor infractions to 600,000€ for very serious ones. Or the Law on Services of the Information Society and Electronic Commerce (article 22.2, LSSI) may be breached, with penalties of 30,000€ to 150,000€.

Professional Advice

It is recommendable to receive professional advice to draw up a previous implementation project. This way, we could follow the cookies regulations and avoid possible sanctions.Materializadora offers support in the implementation process and maintenance of a cookie policy. All within the framework of current spanish legislation and adapted to each sector, business model and needs of its website.