AEPD (Spain) - PS/00276/2021
|AEPD (Spain) - PS/00276/2021
|Article 6(1)(b) GDPR
Article 22(2) LSSI
|WW E-SERVICES IBERIA, S.L.U. ("WESTWING")
|National Case Number/Name:
|European Case Law Identifier:
|AEPD (in ES)
The Spanish DPA (AEPD) closed a procedure against a website after verifying that it only automatically installed necessary cookies without users’ consent.
English Summary[edit | edit source]
Facts[edit | edit source]
The data subject filed a complaint with the Spanish DPA (AEPD) because the company’s website required user’s email address to access the website (WESTWING.ES). According to them, it was not possible to freely access the site. Moreover, the complainant indicated that analytic cookies were installed regardless of the user’s cookies’ preferences.
The company answered that WESTWING.ES is a private shopping club that only registered members can access to. Therefore, the legal basis for the processing of personal data was the necessity for the performance of a contract (Article 6(1)(b) GDPR).
The company admitted that those 11 cookies were not adequately identified in their Cookies Policy. They clarified that those cookies were necessary ones, and that law did not required consent in those cases. However, for transparency reasons, they updated their cookie banner with information on the use of necessary cookies.
Holding[edit | edit source]
The AEPD considered that the company did not infringe Article 22(2) of the Spanish Law regulating cookies and unsolicited communications (LSSI). This law permits companies to install necessary or technical cookies without users’ consent. The website only automatically installed necessary or technical cookies without users’ consent. Non-necessary cookies asked for users’ consent. Moreover, after the AEPD request, the cookie banner informed users about the use of necessary cookies. Therefore, the AEPD closed the procedure.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.