The Ultimate Guide to Cookie Regulations in Spain 2024

If you have a website, it is crucial to be aware of these regulations to keep your site aligned with privacy and data protection laws. Let's make it easy and digestible!

Introduction to the AEPD Cookie Regulations

Cookies are those small elements that make your web browsing more personalized. But did you know there are regulations that govern their use? That's right! The AEPD in Spain ensures that your privacy is respected. Complying with these regulations is not just a legal obligation but a commitment to transparency and user trust.

What are Cookies and How Do They Work?

Cookies are small text files that websites send to the user's device to store information about their browsing. This information can include language preferences, session data, and details that enhance the browsing experience.

Cookies are essential for web functionality, allowing the user experience to be personalized and analytical data to be collected.

Is It Important to Comply with the AEPD Regulations on My Website?

Complying with the AEPD cookie regulations is not only a legal obligation for website owners in Spain but is also crucial for ensuring user data privacy and protection. The Spanish Data Protection Agency (AEPD) sets clear guidelines on the use of cookies, ensuring users are informed and have explicitly consented to their use, thereby improving transparency and trust in the digital ecosystem.

Classification of Cookies According to AEPD and Regulations

Not all cookies are the same, and depending on various factors, the regulations classify them in different ways. Here, we explain the classification and their differences:

First-Party Cookies vs. Third-Party Cookies

First-party cookies:

These are managed directly by the website’s publisher. These cookies are essential for basic site functions and user experience.

Third-party cookies:

Sent by entities other than the website’s publisher, they are used to collect information about the user’s behavior across different websites, facilitating services like personalized advertising.

Types of Cookies by Purpose

Depending on how the data obtained from cookies is used and what they are designed for, we can define the following classification:

Technical Cookies

Necessary for browsing and the proper functioning of the website, these cookies allow traffic control, session identification, and access to restricted areas.

Preference or Personalization Cookies

These allow the website to remember information that changes the appearance or behavior of the site according to the user's preferences, such as language or region.

Analytical or Measurement Cookies

These collect data about user activity on the website, allowing statistical analysis to improve the services offered.

Behavioral Advertising Cookies

These store information about the user’s browsing habits, displaying personalized advertising based on those habits.

Duration of Cookies: Session vs. Persistent

Another factor to consider is how long cookies remain on the user’s device. Depending on this, there are two types of cookies:

Session Cookies

These are automatically deleted when the user closes the browser. They are temporary and useful for remembering activities during navigation.

Persistent Cookies

These remain on the user's device for a predetermined period, allowing preferences to be remembered for future visits.

Transparency and Consent Requirements According to AEPD

Now that we know the technical details of what cookies are and how they are classified, it is important to understand our obligations when using cookies on our website.

It is essential to follow the regulations to ensure no important aspects are overlooked that could harm our website.

Mandatory Information About the Use of Cookies

Website owners must provide clear and complete information about the use of cookies, including their definition, function, and purpose.

This involves detailing the types of cookies used (technical, personalization, analytical, etc.) and how users can accept, reject, or revoke their consent.

How to Obtain Proper Consent

For the consent to use non-exempt cookies to be valid, it must be free, informed, specific, and explicit.

This means that users must have the option to accept or reject the use of cookies, except those strictly necessary for the website's operation.

It is important to note that consent is considered valid only if obtained through an affirmative action by the user, such as selecting "Accept" on a cookie banner.

Updating and Revoking Consent

Website owners must provide users with the ability to update their cookie preferences at any time, as well as revoke previously granted consent.

This option should be easily accessible. It is also important to remember that if significant changes are made to cookie use, a new consent request should be issued.

Responsibilities in the Use of Cookies

Now, let’s delve into understanding who’s who in the world of cookies and how responsibilities are distributed.

The management of cookies involves different parties, including website owners (publishers) and third parties (e.g., analytics or advertising service providers).

Both have clear responsibilities regarding the information provided to users and obtaining consent.

The Two Types of Purposes in Cookies

• Cookies for Exempt Purposes: Do not require consent but need to inform about their use.
• Cookies for Non-Exempt Purposes: Require that both publishers and involved third parties adequately inform about their use and obtain the necessary consent.

The Importance of Cookie Notice Design and Structure

It is not only important to know which cookies are present on our website, but also how we ask for user consent. In this regard, the law is clear: users must know what they are agreeing to.

For this reason, here are the key points to ensure your cookie notice complies with all regulations.

Keys to an Effective and Law-Compliant Notice

Cookie notices must be:

• Visible.
• Accessible.
• Designed so that users are not inadvertently led to give consent.

The design should facilitate the understanding and management of consent equitably between the options to accept and reject.

Incorrect Practices and How to Avoid Them

It is crucial to avoid practices such as the absence of a clear reject button, pre-checked boxes, or a design that makes it difficult to reject cookies.

These practices can be considered misleading and do not comply with the requirements for valid consent.