This update responds to the will of AEPD to adapt the Guide to the work carried out within the so-called Cookie Banner Taskforce of the European Committee for Data Protection, which on January 17 adopted a report on cookie notices that includes the requirements minimums that the European data protection authorities consider that must be met in this matter, and also to the need to adapt the Guide to Directives 03/2022 on deceptive design patterns of the same Committee.
The most relevant modification that has been introduced in the Guide is the obligation to include in the first information layer an option to directly reject those cookies that are not exempt from the obligation to obtain the informed consent of the user (article 22 of the Services Law of the Information Society). Therefore, it would not be valid to refer to a configuration panel to carry out that rejection.
In addition, this option must be offered at the same time, at the same level, with the same visibility and with a mechanism similar to that used to accept cookies.
On the other hand, the Guide introduces some clarifications in relation to preference cookies, allowing certain cookies to be used for that purpose, whether session or persistent, without the need to request the user’s consent, as long as they respond to specific requests from this (for example, cookies that preserve the language selection) and that they are not used for other purposes, such as the personalization of advertising content or to create a user profile. In this way, it is intended to avoid user fatigue in relation to the preferences that they have expressly expressed.
The statement published by the AEPD establishes a transitory period of six months from publication for companies to adapt to the changes introduced in the Guide.
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