GENERAL
WHICH LOCAL LAW IMPLEMENTS THE EPRIVACY
DIRECTIVE?
Spanish Information Society Services and E-Commerce Act 34/2002
(LSSI).
IS THERE ANY REGULATORY GUIDANCE ISSUED TO SPECIFICALLY
ADDRESS COOKIES?
Yes – the Spanish Data Protection Commissioner (AEPD)
published on November 2019 a Guide on the use of cookies (the AEPD
Guide).
Please find it here.
CONSENT
CAN A USER PROVIDE CONSENT TO COOKIES VIA WEB BROWSER
SETTINGS?
Yes – with certain limitations.
The AEPD Guide has been recently modified in the light of the
EDPB criteria and from 31 October 2020 onwards, the mere browsing
of the user on a site will not be considered as lawful form of
consent collection. Consequently, the user consent shall explicit
and collected through activation boxes or marking buttons ("I
accept" or "I consent"), or through any other
formula that requires an explicit and unequivocal action by the
user.
