The Spanish Data Protection Agency (AEPD) has updated its Guide on the use of cookies to align it with Guidelines 03/2022 on deceptive patterns issued by the European Data Protection Board (EDPB). The criteria set out in the Guide must be implemented no later than January 11, 2024.
We inform you that the Spanish Data Protection Agency (AEPD) has updated the Guide on the use of cookies to adapt it to the Guidelines 03/2022 on deceptive patterns of the European Data Protection Board (EDPB).
These changes in the use of cookies must be implemented on your website before January 11, 2024.
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The Agency has incorporated the European Committee's criteria into the new version of the Guide, which states that the actions to accept or reject cookies must be presented prominently and in a clear format, and both actions must be equally accessible, with the option to reject them being no more difficult to access than the option to accept them. The Guide includes new examples of how these options should be displayed, offering guidance on aspects such as color, size, and placement.
In parallel with that addition, a series of modifications have been made:
- In the case of personalization cookies, when the user makes decisions about them (for example, choosing the language of the website or the currency in which they wish to make transactions), these are technical cookies that do not require consent, and cannot be used for other purposes.
- However, when the publisher makes these kinds of decisions about personalization cookies based on information obtained from the user, they must inform the user by prominently offering the option to accept or reject them. In this case, the publisher also may not use them for any other purpose.
- On the other hand, regarding cookie walls, the previous Guide already specified that for consent to be considered freely given, access to the service and its functionalities could not be conditional upon the user accepting the use of cookies. Therefore, there could be cases in which not accepting the use of cookies would prevent access to the website or the full or partial use of the service, provided that the user was informed and the publisher offered an alternative way to access the service without needing to accept the use of cookies. The new version of the Guide clarifies that this alternative does not necessarily have to be free.
See: Guide on the use of cookies:
https://www.aepd.es/documento/guia-cookies.pdf
Source: Spanish Data Protection Agency (AEPD)
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