In July of this year 2020, the AEPD (Spanish Data Protection Agency) updated its guide on the use of cookies to adapt it to the new guidelines of the European Data Protection Committee published on May 4 (more info). A guide that brings news regarding the interpretation of the European guidelines, and, where it gave until October 31 to comply.
What to say, that we speak of a guide, and its update, because officially, the so-called “Law of Cookies” does not exist, since we will always be referring to article 22.2 of the LSSI (Law of Services of the Information Society) .
What changes has the reinterpretation of the AEPD brought?
This article aims to bring you the three main changes, and that perhaps most conflict with certain practices extended today. Let’s see…
FIRST. It considers that the option to “continue browsing”, as a way of giving consent, does not constitute under any circumstances a valid way of giving it. It says that these types of actions can be difficult to distinguish from other activities or interactions of the user, so it would not be possible to understand that consent is unequivocal.
Basically, it goes to say that the famous button: [CONTINUE NAVIGATION] [OK] [X] is not a valid form of consent. The implicit consent with that vocabulary is over. We are going to have to welcome our users with messages like: [YES, I ACCEPT COOKIES] [YES, I AGREE]… and even a large number of ingenious derivatives that will come out.
SECOND. The possibility of using the well-known “cookie walls” or “cookie walls” or, what is the same, those popups that made browsing impossible without acceptance and do not provide an alternative to consent is over.
Access to certain services or content may not be limited, only to users who accept the use of cookies.
THIRD. The granular acceptance of cookies. This measure, without a doubt, is the one that has the most convulsive community in the online world for two main reasons:
I. There is a regulation called EPrivacy Regulation, which has not entered into force, either at the Spanish or European level. In this case, the AEPD clearly advances.
II. Its technical difficulty and costs, for those basic projects or those with a pure internet presence.
For those of you who wonder, what is granular acceptance, tell you what that button [MODIFY YOUR CONFIGURATION] is and that it gives you the freedom about which or which categories you are going to let in on your device. A good example, you can find it in www.elcorteingles.es
