Spanish DPA Fines Airline For Cookie Compliance Failures

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Fox Rothschild LLPOn the heels of the Planet49 decision, the Spanish data protection authority AEPD has fined Vueling Airlines €30,000 (reduced to €18,000 for payment in full) for failure to provide a compliant cookie disclosure/consent under GDPR.

Key takeaways (pertaining to cookies that require consent under GDPR):

  • You need to provide the individual with the ability to reject cookies.
  • You should have a button or another mechanism (like a cookie management platform) that allows individuals to accept or reject cookies in a granular (not all-or-nothing) manner.
  • The formulation of “I accept” and then “see user settings” is not sufficient.
  • The formulation of “by continuing to browse this site” is not sufficient for indicating consent or rejection.
  • Browser settings indicating an opt out can complement the ability to reject (using a button or a mechanism) but are not sufficient in lieu of them.

Read the full ruling.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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