In July 2020, the Spanish Data Protection Agency (AEPD) published an updated Guide on the use of cookies, in accordance with new criteria on consent by the European Data Protection Committee.

The AEPD imposed an obligation on each website owner to adopt their cookie policies in accordance with new criteria before October 31, 2020.

Have you already made all the necessary changes?

Here is a brief summary of the modification we consider the most important.

Perhaps the most relevant novelty in the new Guide is that the ‘’continue browsing’’ mode is not a valid way to consent to downland the cookies. The users must accept the implementation in the cookie information banner with an ‘’Accept’’ button.

Thus, cookies can only be downloaded after the express acceptance of the user, not before.

On the other hand, the user must be able to accept or decline cookies grouped in the Configuration Panel in detail, depending on the different types of cookies used by the website (analytics, advertising, etc.).

In addition, the AEPD expressly prohibits the use of so-called cookie walls. Those are banners that prevent the user from browsing through the website.

In this sense, the new Guide indicates that consent mechanisms must be designed to be under stable to users and which, in any case, safeguard the option to choose or not to downland cookies,
avoiding the need to force the user to accept in order to access the website content.

In practice, the operation and implementation of cookies notices, and policies can be complex. Hence, in Letslaw we recommend in any case to request the help of a team of professionals who can advise anyone responsible for a website on how to adapt these new AEPD criteria.

Letslaw is a law firm specialized in privacy and data protection.