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cookies. The Spanish DPA held the controller to have infringed Article 13 GDPR and Article 22.2 of the Law of Information Society Services and Electronic

article 22.2 of the LSSI, which establishes the Rights of the recipients of information society services, it is indicated that: "2. Service providers

violated Article 22.2 of the Spanish Law of Information Society Services (LSSI), which establishes that clear and complete information on the use of cookies

Information Society Services and Commerce Electronic (LSSI) and based on the following: FACTS FIRST: On 01/25/24, the Director of the Spanish Agency for the

11/18 a) .- On the installation of cookies on the terminal equipment prior to consent: Article 22.2 of the LSSI establishes that information must be provided

of the mail received on December 2 of 2020 from Movistar Likes *** EMAIL.2 at the address *** EMAIL.1 with Commercial information. In the link in the email

(promotion of Enel Energia services), XX (XX), XX (XX), XX (Enel Energia services), XX (Enel Energia services), Mas s.r.l. (Hera Comm services), XX (XX), XX (Enel

alleged violation of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI). The grounds on which the claim was

violation of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI), and based on the following: BACKGROUND: FIRST: On 01/06/21

with the provisions of articles 21 and 22.1 of Law 34/2002, of July 11, on services of the information society and electronic commerce by application of

MARAIS as rapporteur, on April 18, 2019, on the basis of article 47 of the law of January 6, 1978 amended in its version applicable on the day of designation

with the Spanish DPA (“AEPD”). Firstly, the AEPD considered that under Article 21 of the Spanish Law 34/2002 on Information Society Services and Electronic

respectively) and Organic Laws (Law Organic Law 2/2006, of May 3, on Education; LOPDGDD; Organic Law 1/1982, of 5 of May, on civil protection of the right

According to the AEPD, such facts constituted a violation of Article 22(2) LSSI, (the Spanish law implementing the e-Privacy Directive), and fined the controller

"Informatique et Libertés" law, within chapter IV "Rights and obligations specific to processing in the electronic communications" of this law. 22. Under the terms

the Court (...) of ***LOCATION.2. -Writ of refusal of information for not being an interested party in the information reserved. -Written informed consent

been obtained in relation to the offer of services of the information society mentioned in Article 8, paragraph 1. 2. When you have made personal data public

obtained in relation to the offer of services of the information society mentioned in article 8, paragraph 1. 3. Sections 1 and 2 will not apply when the treatment

contrary to law, and especially contrary to what the The Law of Services of the Information Society (LSSI) establishes in the matter of information fractions

in any data processing ”. It also mentions Law 34/2002, of July 11, on services of the society of information and electronic commerce (LSSI) and the concept