Update cookie guidelines according to aepd
Posted: Sun Dec 15, 2024 4:01 am
It is important to note that the user's consent to continue browsing the website or to ignore cookies will no longer be accepted.
No longer accepting cookies wall
Previously, if users rejected cookies, they could encounter a "cookie wall," meaning that if they did not accept cookies, they would be unable to access the site's services and functionality. However, with the new update to the cookie guidance, this will no longer be accepted and an alternative to consent must be provided.
It is important to take this into buy phone number list account for those websites that currently deny access to this site, as from 31 October not giving users space to freely accept this will be a breach of this data protection rule.
If an alternative is offered to users who reject cookies, the alternative must be the same as that offered when accepting cookies, and must be performed by the website itself (not a third-party entity).
There are some exceptions to the standard where access may be denied if cookies are not accepted, but for this the user must be informed and alternatives provided. To review these specific circumstances, we recommend that you review our cookie usage guidelines.
Who does this rule apply to?
Article 22 of the Information Society Services and Electronic Commerce Act (lssi), which sets out European data protection guidelines, states that the rules apply to everyone who uses cookies or other similar technologies that store and retrieve data about others. .
It is important to stress that each site must identify the cookies they use (own or third-party, session or persistent) in order to determine whether they are within the scope of the standard's application.
What happens if you don't adapt your website to guideline updates?
Websites that do not modify their cookie use by October 31, 2020 may be subject to penalties from the AEPD.
This is because if an investigation determines that there has been non-compliance with the processing of user data, it may constitute an illegal act.
When is data processing considered to occur?
Whenever a user is identified by name or email during registration, it is assumed that a cookie is being used to process his or her data. The same is true when some kind of identifier is used to help distinguish one person from another and each person can be tracked (for example, through advertising).
On the other hand, a website may be exempted from its obligations if it does not have the means or conditions to identify its users.
Types of cookies that are not subject to LSSI and do not require information or consent (according to the AEPD guidance on the use of cookies):
They allow communication between user devices and the network
They provide services requested by users
"User input" cookies (e.g. filling in information into a form)
Authentication or user identification (login) cookies
User security cookie (cookie that detects incorrect attempts to connect to the site)
Media player session cookie
Session cookie for load balancing
Interface customization cookies
Supplementary cookies to exchange social content (only for those users who decide to keep the session open)
No longer accepting cookies wall
Previously, if users rejected cookies, they could encounter a "cookie wall," meaning that if they did not accept cookies, they would be unable to access the site's services and functionality. However, with the new update to the cookie guidance, this will no longer be accepted and an alternative to consent must be provided.
It is important to take this into buy phone number list account for those websites that currently deny access to this site, as from 31 October not giving users space to freely accept this will be a breach of this data protection rule.
If an alternative is offered to users who reject cookies, the alternative must be the same as that offered when accepting cookies, and must be performed by the website itself (not a third-party entity).
There are some exceptions to the standard where access may be denied if cookies are not accepted, but for this the user must be informed and alternatives provided. To review these specific circumstances, we recommend that you review our cookie usage guidelines.
Who does this rule apply to?
Article 22 of the Information Society Services and Electronic Commerce Act (lssi), which sets out European data protection guidelines, states that the rules apply to everyone who uses cookies or other similar technologies that store and retrieve data about others. .
It is important to stress that each site must identify the cookies they use (own or third-party, session or persistent) in order to determine whether they are within the scope of the standard's application.
What happens if you don't adapt your website to guideline updates?
Websites that do not modify their cookie use by October 31, 2020 may be subject to penalties from the AEPD.
This is because if an investigation determines that there has been non-compliance with the processing of user data, it may constitute an illegal act.
When is data processing considered to occur?
Whenever a user is identified by name or email during registration, it is assumed that a cookie is being used to process his or her data. The same is true when some kind of identifier is used to help distinguish one person from another and each person can be tracked (for example, through advertising).
On the other hand, a website may be exempted from its obligations if it does not have the means or conditions to identify its users.
Types of cookies that are not subject to LSSI and do not require information or consent (according to the AEPD guidance on the use of cookies):
They allow communication between user devices and the network
They provide services requested by users
"User input" cookies (e.g. filling in information into a form)
Authentication or user identification (login) cookies
User security cookie (cookie that detects incorrect attempts to connect to the site)
Media player session cookie
Session cookie for load balancing
Interface customization cookies
Supplementary cookies to exchange social content (only for those users who decide to keep the session open)