Spanish DPA updates cookie guidelines

Spain’s Data Protection Authority, AEPD, has updated its Cookie Guidelines to meet the consent guidelines revised by the European Data Protection Board in May. The new requirements must be implemented by Spanish websites this fall. Here’s how to meet them within the deadline.
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Major changes for websites in Spain that use cookies.

New guidelines for using cookies are now published, and website owners have until October 31, 2020, to meet the new requirements.
Here we will explain how the new requirements affect your website and what you can do to meet the standards.

What are the new cookie guidelines in Spain?

The new Spanish Guideline for the use of cookies is 39 pages long. Here are the essentials.
In essence, the guide states: that if you use cookies on your website, you must collect your visitors’ valid consent to the use of cookies.

Consent, in this case, is a GDPR valid consent.

That is a freely given consent given by a clear and affirmative action to the use of cookies and other trackers.

The Spanish Guide to cookies also states:

  • Cookie walls cannot be used since they do not offer an alternative to consent.
  • Scrolling or swiping through a webpage is not considered clear and affirmative consent.

What does that it mean?

As a website owner, you are required to collect your visitors’ valid consent to cookies. A Cookie Consent Solution carries this out.
A cookie wall is a barrier that prevents visitors from entering the site if they do not accept cookies.
Cookie walls are not considered consent. Here the Spanish Data Protection Authority follows in the steps of the EDPB when saying:

"Consent must be freely given. Access to functions on websites must not be made conditional on the consent of the user".

Continued browsing (scrolling or swiping through a website) cannot constitute a valid way for the user to give consent.

Consent must be a clear and affirmative action that requires the user to say yes to cookies (opt-in).

What do the Spanish cookie guidelines mean for your website?

If you have a cookie banner or consent solution on your website, check whether this meets the standards of the new Spanish guidelines for cookies.
If you don’t know how to check it, get a free compliance check here:
It is not enough to show users that you are using cookies on your site. You also need to collect your users’ valid consent to cookies. And that consent must be stored as documentation to the Spanish Authorities.

How to meet the standards by October 31, 2020?

Maintaining cookie compliance is important, also in Spain.
Cookies collect your users’ data, even though they are set by the services you use on your website like Facebook Pixel, Google Analytics, YouTube embedded videos, etc.
As the website owner or operator, you are the data controller and responsible for collecting valid consent to cookies.
Cookie Information can help you with a state-of-the-art Cookie Consent banner for your website.
The consent pop-up meets the standards of the Spanish Data Protection Authority, AEPD, and can be adjusted to your needs.
Contact Cookie Information for more information on how to meet the Spanish Cookie Guidelines.
Here’s a short checklist to comply with both national and international cookies and data processing rules.

Checklist for collecting
valid consent to cookies