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ARTICLE · 26 FEBRUARY 2020

Important Information For Those Whose Websites And Applications Use Tracking Mechanisms

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Agencia Española de Protección de Datos (AEPD), the Spanish data protection authority, took an important decision which can have bearing on the future of the online advertising

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Agencia Española de Protección de Datos (AEPD), the Spanish data protection authority, took an important decision which can have bearing on the future of the online advertising sector, the business model of web portals as well as on producers of applications that use tracking mechanisms.

AEPD decided to impose a penalty of €30,000 on VUELING AIRLINES SA following a complaint filed by a user of the website owned by the company. The decision was based on the consideration that the cookie banner was defectively constructed.

Importantly, Vueling Airlines’ website cookie banner contained general information about the purpose of using various types of cookies (required for operation, analytical, marketing), and referred to the privacy policy available on the website for further details. However, it did not give the user a choice as to types of tracking mechanisms he could accept. The cookie banner offered only an option to acknowledge that they exist or reject them by

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