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CookiePro Blog July 28, 2020

Spanish AEPD Updates Guidance on Use of Cookies

On July 28, the Spanish data protection authority (AEPD) announced the updated version of its guide on the use of cookies, also referred to as the Updated Guide. The intention was to adapt it based on the last European Data Protection Board’s (‘EDPB’) Guidelines 05/2020 on Consent under Regulation 2016/679 (the Guidelines on Consent).

The AEPD Updated Guide

In particular, the Updated Guide addresses the amendments implemented by the EDPB in its Guidelines on Consent, specifically the validity of consent provided by the data subject when interacting with cookie walls and on the issue of scrolling or swiping through a webpage as a clear and affirmative action of consent.

The Updated Guide also mentions that cookie walls cannot be used because they do not offer a valid alternative to consent. The AEPD stressed that this is particularly important to cases where the denial of access would prevent the exercise of a right legally recognized to a user, such as when access to a website is the only means provided in order to exercise the right.

In addition, the Updated Guide recalls that the EDPB established that continued browsing cannot constitute a valid way to obtain consent, and therefore Section 3.2.3(e) of the Updated Guide was amended accordingly.

Lastly, the AEPD mentioned that the Updated Guide must be implemented by October 31, 2020. Read the full press release here and the Updated Guide here, both only available in Spanish.

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