The European Data Protection Board (EDPB) has reviewed the 05/2020 Guidelines on consent to the use of cookies.

The new criteria on the use of cookies are based mainly on the consideration that the option "continue browsing" does not constitute a valid way of giving consent by users.

In addition, with respect to the use of so-called "cookie walls", the Board considers that, for consent to be considered freely granted, access to the service and its functionalities should not be subject to the user accepting the use of cookies. Consequently, the Spanish Agency for Data Protection has indicated that "cookie walls" that do not offer an alternative to consent may not be used.

As established in the 05/2020 Guidelines, the "cookie walls" may be used when the user is informed and is offered an alternative to access the service without having to accept the use of cookies. The service without cookies must be genuinely equivalent to that obtained through access with cookies, and it is not valid if it is offered by an entity external to the service provider.

The Spanish Data Protection Agency has updated its Guide on the use of cookies, and grants until October 31, 2020 to implement the new criteria on the use of cookies.

The obligations to be fulfilled by the information society service provider are transparency and obtaining consent. Thus, the information on cookies provided at the time of requesting consent must be clear and complete, allowing users to know the purposes and the use that will be given to them.

Our Department of New Technologies and Data Protection advises on adapting the banners and the cookie policy to the new criteria set by the regulatory authority.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.