Spanish Data Privacy Regulator Issues New Cookies Guidance

Fox Rothschild LLP
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Fox Rothschild LLP

Cookies and trackers sat on a wall.
Cookies and trackers had a great fall.
…and all the regulators and all DPAs couldn’t put cookies together again.

The Spanish Agencia Española de Protección de Datos AEPD has issued a revised guidance on cookies and trackers under the EU eprivacy regime, updated to account for the consent guidelines issued by the European Data Protection Board.

Per the guidance:

  • The option to “continue browsing” does not constitute, under any circumstances, a valid way of giving consent.
  • So-called “cookie walls” that do not offer an alternative to consent may not be used.

This comes on the heels of a decision by the French Conseil d’etat invalidating a similar guidance by French CNIL.

Read the full guidance from the AEPD.

[View source.]

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