First European Cookie Fine Issued By Spanish Data Protection Authority

The Spanish data protection authority, the AEPD, has issued the first European cookie fine for the violation of Article 22.2 of Spain's Information Society Services and Electronic Communications Law 34/2002 (Spanish E-Commerce Act), as amended by Royal Decree Law 13/2012 which implements the e-Privacy Directive (Directive 2002/58).

On 29 April 2013, the AEPD issued guidelines on the use of cookies (Cookies Guide). This guide clarified how to interpret Article 22.2 of the Spanish E-Commerce Act. This guidance recommends that information on the use of cookies must be sufficiently visible, provided in one of the following ways:

1. In the heading or foot page of the website
2. Through the website Terms & Conditions