New cookie regulations, punishable by law from October 31st!

The Spanish Data Protection Agency (AEPD) has updated the regulations on the use of «"cookies"». The new criteria must be implemented, with a Deadline: October 31, 2020, leaving a period of 3 months for adaptation to this new regulation.
The European Data Protection Board has reviewed guidelines 05/2020 on consent in order to clarify its position on two issues: the validity of "continuing to browse" as a form of user consent, and the possibility of using «"cookie walls"» which are based on limiting access to certain services or content to users who accept the use of all cookies.
 

Cookies and GDPR

With the application of GDPR (General Data Protection Regulation) it is necessary to accept the processing of personal data collected by cookies in internet browsing, since these collect information about habits and behaviors that can be used, by the site itself or by third parties, to offer information tailored to them.
 

Consent

According to the guidelines of the European Committee of Data Protection, from last May, the option «"continue browsing" IS NOT A VALID FORMULA, since it cannot be established that consent given in this way is an unequivocal action.
The most practical way to comply GDPR It is the implementation of a management panel with a two-layer system, a first layer of essential information with the option of a second layer where more information is offered and the possibility of accepting the cookies by purpose. The information provided to the user about the cookies It must be precise and specific, in clear and simple language, adhering to transparency criteria.
 

Ban on "Cookie Walls"«

The CEPD rejects the known «"cookie walls"» as validly obtaining consent, where the user can only view the website content if they agree to download it cookies. In these cases, taking into account that the user is subject to the acceptance of the cookies In order to view free content, the user's action cannot, under any circumstances, be considered as a free acceptance of the use of cookies.
 

Avoid penalties!

In Apen We offer specialized and comprehensive services in advising, consulting, data protection auditing and website adaptation.
 
If you have any questions after reading this post, contact us here and we will advise you on how to comply with this new regulation and avoid potential penalties for your company.