Update by the AEPD of the Guidelines on the Use of Cookies
In July 2023 the Spanish Data Protection Agency ("AEPD") has updated the Guidelines on the use of cookies ("Cookie Guidelines" or the "Guidelines") to adapt it to the European Data Protection Supervisor's ("EDPS") Guidelines 03/2022 on misleading patterns on social networks.
The criteria set out in the Guidelines are to be implemented by 11 January 2024 at the latest.
What changes have been made?
The AEPD has introduced amendments to the Guidelines related to layered information and consent, types of cookies and cookie walls. Specifically, the following:
- Layered information and consent.
- Personalisation cookies.
- Settings panel.
- Cookie walls.
- Saving the configuration
What sanctions could be imposed for non-compliance?
Failure to comply with the obligations and criteria established in the Guidelines entails a breach of art. 22 of the LSSICE, constituting an infringement (art. 38 LSSICE):
- Minor (art. 39.1.c LSSICE). Punishable by a fine of up to 30,000 euros.
- Serious (art. 39.1.b LSSICE). Punishable by a fine of 30,001 to 150,000 euros.
Access to the complete Information Note
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