Since last October 31, the Spanish Data Protection Agency (AEPD) has approved a new cookie law for consent on any website. Thus, all websites must adapt to the new regulations on the use of cookies for the user or visitor.
WHAT ARE COOKIES?
Cookies are small text files that are stored on the Internet user's device when visiting a website. It is the website owner who determines what type of information the cookie contains and its purpose, and it can also be used by the web server each time you visit that page. Cookies are used to save time and make the web browsing experience much more efficient. However, they can be used for several different purposes, such as remembering login information or the contents of your shopping cart.
THEIR USE HAS BEEN STRENGTHENED SINCE OCTOBER 31, 2021
This new cookie law has introduced some new features that affect all websites that process users' personal data. The AEPD provided a 3-month adaptation period from July 31, 2020, and after the deadline (October 31, 2020), most sites have still not adapted to the new regulations.
THE NEW FEATURES
- The option of "Continue browsing" is prohibited. That is, until now most websites displayed a message at the bottom of the page informing the user that if they continued browsing, it was assumed they accepted all cookies on the website. According to the AEPD, this possibility is not a valid method of consent.
- It is also rejected that scrolling on a website is valid for consenting to the use of cookies.
- Cookie banner. A cookie message without offering alternatives for the visitor to choose is also obsolete. This cookie wall must allow managing the cookies being used on the site, including on its specific pages all the information corresponding to user privacy and cookie consent.
- Cookies should not remain "pre-checked" except those necessary for the operation of the site. We can generally distinguish 4 types of cookies:
- Own or necessary cookies: They can and must be set for the proper functioning of the website.
- Personalization cookies: These allow the user to access the service with some predefined general characteristics based on a series of criteria on the user's terminal, such as language, the type of browser through which they access the service, the regional configuration from which they access the service, etc.
- Analytics or third-party cookies: Cookies for tracking user data. For example: those used by Google Analytics to collect information about visits to certain pages, etc.
- Advertising cookies: These store information about user behavior obtained through the continuous observation of their browsing habits, which allows developing a specific profile to display advertising based on it.
These last two must be approved by the user, and the user can revoke or accept consent whenever they deem appropriate.
