Consent to Use “Cookies” in Spain
This article highlights the essential aspects that information company service providers in Spain must observe to prevent the use of cookies in websites that may result in the violation of a user’s rights.
Cookies represent the primary online advertising tool due to their expansive use and commercial utility. Nevertheless, Spanish users should not forget that because archives are registered, use of cookies includes wide impediments to a user’s privacy.
Therefore, the installation and use of cookies by information company service providers, among others, imposes a series of obligations based on two concepts: (i) transparency and (ii) consent.
This article offers a short list of essential elements that information company service providers must keep in mind when considering the validity of users’ consent.
1. Informative consent: obtaining express consent is recommended – even if considering the possibility of removing it from the user’s profile. In any case, it is essential to confirm that the user has previously received information that his or her activity may result in consent for the installation of cookies.
2. Individual who must express consent: the natural or legal person using the service of the website (the user) must provide his or her individual consent.
3. Means to receive the consent: the means to receive the consent will depend on the cookies the website uses and whether those include other pages from the same editor or third parties.
4. Moment of cookies installation: the cookies will install once the user receives notification that he or she provided consent.
5. Consent for more than one page: as mentioned in point three, it is possible to obtain a user’s consent for the installation of cookies in more than one page. Nevertheless, the user must receive clear information when the services of the other pages do not relate to the first one.
6. Modification of cookies: users must receive continual notification concerning any changes of characteristics or means of cookies use. This notification will allow them to give or retract consent.
7. Retracting consent: users retain the right to remove their consent at anytime. Users must receive clear information about the consequences of retracting consent and the elimination of the cookies.
8. Refusal of access to the original service resulting from the refusal of the cookies: in some cases, refusing to accept cookies may result in limitations in the use of the website. Therefore, it is necessary to inform the user of this possibility to prevent violations of his or her rights.
To satisfy the requirements of Spanish law regarding cookies, we recommend obtaining professional advice to draft privacy policies and verify any aspect regarding users’ privacy rights.
Nicolás Melchior
