July 31, 2023

New guidelines on the use of cookies and the obligation to have the necessary legal texts on websites

The Spanish Data Protection Agency (AEPD), Spain’s supervisory authority on data protection, has recently published a new Guide on the use of cookies, updating the existing one and adapting it to the Guidelines 03/2022 of the European Data Protection Committee on misleading patterns.   

With this new publication, the Agency regulates, among other guidelines, the actions of accepting or rejecting cookies, which must be presented in a prominent place and form. It also regulates the obligation to accept or reject these cookies in the same way. Currently, in most cases all cookies are accepted at the same time, but to reject them, the user must go one by one, performing the action of blocking or rejecting them. Now, this will be different. 

Likewise, the regularisation of personalisation cookies is modified, exempting the owner from the obligation to request express consent in some cases, such as the choice of language. In these situations, they may not be used for other purposes.   

Finally, the Spanish Data Protection Agency establishes the obligation for website owners to implement the new guidelines on the use of cookies and make the necessary changes before 11 January 2024.   

From PONTI & PARTNERS we want to remind our clients that the obligation to inform not only affects cookies, but that everyone who has a website must make available to users the legal information necessary to comply with the applicable regulations. This means having a properly drafted legal notice, a data protection policy and a privacy policy. In addition, if it is an e-commerce, it includes the obligation to have well-defined general terms and conditions of contract (terms and conditions of purchase), drafted in accordance with the regulations.   

At PONTI & PARTNERS we are at your disposal for the adaptation of the new protocols to your web pages, as well as to solve any doubts that may arise. 

Article by Imma Martí.