AEPD - PS/00024/2021
|AEPD - PS/00024/2021|
Article 22(2) LSSI
|Parties:||ABANCA CORPORACIÓN BANCARIA, S.A.|
|National Case Number/Name:||PS/00024/2021|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD decision (in ES)|
The Spanish DPA (AEPD) fined €5,000 (reduced to €3,000) Abanca Corporación Bancaria for using unnecessary cookies on their website before obtaining the consent of the user.
English Summary[edit | edit source]
Facts[edit | edit source]
The AEPD received a complaint regarding the installation of cookies by Abanca without consent. According to it, third-party cookies, namely Google and Weborama cookies, were installed even before the cookie banner appeared.
Dispute[edit | edit source]
Does the installation of such cookies before obtaining consent constitute a violation of Article 22(2) LSSI, the Spanish Law implementing the e-Privacy Directive?
Holding[edit | edit source]
The AEPD concluded that the installation of third-party non-necessary cookies before obtaining consent from the user constitutes a violation of the cookies regulation. In addition, the AEPD found that Abanca did not identify in their cookie information page any of the cookies that were placed before consent.
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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.