As we have seen over the years, the entry into force in 2018 of the General Data Protection Regulation (GDPR) has introduced numerous changes in the field of data protection, mainly with regard to the requirements for obtaining consent from data subjects.
Cookies are a small file that is downloaded to the user's computer/phone/tablet when accessing a website, online shop, intranet, online platform or similar, to store and retrieve information about the browsing done from that computer. These cookies can collect certain user information (i.e. IP address, date and time of visit to the website, etc.) and therefore the user's consent is necessary to obtain and store it.
New developments in the area of cookies
Under the new regulations, the main novelties introduced by the AEPD The cookies policy is as follows:
- The removal of the option to seek consent via the "continue browsing" option. The European Committee has taken the view that the "continue browsing"is not a valid form of consent, insofar as such actions may be difficult to distinguish from other activities or interactions of the user, so that it would not be possible to understand consent to be unambiguous.
- See amend and clarify certain aspects relating to the methods for providing information on the withdrawal of consent to users.
In this regard, it is important to bear in mind that the AEPD may impose penalties for the incorrect management of cookies with fines of up to €30,000but which may be higher in accordance with the parameters set out in the GDPR.
Subsidies from the Junta de Andalucía for digital modernisation
The Junta de Andalucía has recently approved an aid package for the ".digital modernisation and improving the competitiveness of self-employed and self-employed workersThis includes the financing of up to 100% of the amount of a number of items, with the following category of costs being included in the so-called 'modality B' expenditure:
"Consultancy costs for the monitoring compliance with the legal aspects of the website such as the current regulations on data protection, cookies policy(c) the rules applicable to electronic commerce, in particular those relating to the protection of consumers and users and the European rules on the application of Strong Customer Authentication (SCA) for electronic payments."
The inclusion in the eligible items of the costs incurred for legal advice for the website underlines the importance of complying with these legal obligations.