As is known, in the middle of last year the Spanish Data Protection Agency (AEPD) updated its Guide on the Use of Cookies, adapting it to the recent Guidelines 03/2022 of the European Data Protection Committee (ECDC). From this revision it is worth remembering the relevance of the fact that the options to accept or reject cookies are presented in a prominent and fair way.
Simultaneously with this update, the European Data Protection Board (EDPB) issued a crucial report on banner requirements.
In any case, it is important to remember that from the beginning of 2024 all companies should have adapted their cookie banners to the new standards.
Thus, it seems appropriate to recall some essential points of the new legislation:
- Clarified Consent: Accept or reject actions should be presented in a prominent manner, according to the CEPD.
- Cookie Banners Redefined: The EDPB report sets out fundamental changes in the way companies manage data collection. Now, banners must offer “true deniability” and allow users to reject all cookies with a single click.
- Transparency in Consent: It is essential to incorporate a “Reject cookies” button in the first layer of the banner, according to the new regulations. The options to accept, reject (except the essential ones) and configure must be clearly visible.
- Configuration: Options in the second layer should be disabled by default, preventing user abuse.
- Avoid Misleading Tactics: We warn against the use of colors or sizes that make it difficult to see the “Refuse cookies” button.
Stay on top of these updates to ensure compliance and transparency in data processing.
Contact us to get advice and make sure your website is compliant!
