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PAe - AEPD updates its Guidance on the use of cookies in order to conform to the committee's new guidelines european data protection
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The AEPD updates its Guidance on the use of cookies in order to conform to the committee's new guidelines european data protection

29 july 2020

The new version of the guide adapts the content to the guidelines on consent reviewed by the committee for european data protection in may this year.
 

The spanish data protection (AEPD) has updated the cookies (Opens in new window) "href =" https :// www.aepd.es/sites/default/files/2020-07/guia-cookies.pdf "target =" _ blank "› guide on the use of the cookies(Opens in new window) in order to conform to the guidelines on amended consent may 2020 by the european committee for the protection of data (SPDC). The new version of the guide made by the agency has benefited, as happened with previous versions, with the participation of the sectors concerned (partnerships ADIGITAL , Advertisers, AUTOCONTROL e IAB Spain ).

The committee for european data protection has been revised in may 2020 the guidelines on 05/2020 consent (Opens in new window) in order to clarify its position on two issues: the validity of the “ continue to travel ” as a way of providing consent by users and the possibility of using known as “ walls cookies ”, i.e., to limit access to certain services or contents only users accept the use of cookies .

With regard to the first of these points, the committee considers that the option to “ continue to travel ” was not in any circumstances a valid way of giving consent, to the extent that such actions may be difficult to distinguish from other activities or interactions so that it would not be possible to understand that consent is unequivocal.

“ Walls cookies ”, the committee has specified that, in order for consent to be considered free access to the service and its functionality should not be conditional on the user consents to the use of cookies .

Therefore, the guide implies that may not be used so-called “ cookies "walls that do not provide an alternative to consent. This approach is particularly important in those cases in which the denial of access impede the exercise of a legally recognized right to the user, as, for example, access to a website the only means provided to the user to exercise this right.

There can be certain situations in which the non-acceptance of the use of cookies the deprivation of access to the website or use in whole or in part by the service, as long as they are adequately informed about the user to and to offer an alternative service without having to accept the use of cookies . In Accordance With established, 05/2020 on the consent of the SPDC, the services of the two alternatives should be genuinely equivalent, and will not be true that the corresponding service will provide an entity as alien to the editor.

These new criteria should be implemented no later than 31 october this year , a transitional period of three months to introduce the necessary changes in the mechanisms for obtaining consent to the use of cookies that are being utilized.

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