AEPD - PS/00299/2019
|AEPD - PS/00299/2019|
|Relevant Law:||Article 7 GDPR|
Article 13 GDPR
22(2) of Spanish Law on Information Society Services (LSSI)
|Parties:||Twitter International Company (Twitter Spain, S.L.)|
|National Case Number/Name:||PS/00299/2019|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD decision (in ES)|
|Initial Contributor:||Miguel Garrido de Vega|
9 June 2020 - The Spanish Data Protection Agency (AEPD) decided to impose a fine up to 30,000 € on Twitter International Company (Twitter Spain, S.L.) for the infringement of its information duties related to cookies, as per Article 22(2) of the Spanish Law on Information Society Services (LSSI) —this is the Spanish law regulating cookies, connected to Article 13 of the GDPR.
English Summary[edit | edit source]
Facts[edit | edit source]
Dispute[edit | edit source]
Holding[edit | edit source]
Thus, the AEPD understood that Twitter has infringed its information duties in relation to cookies as per Article 22(2) LSSI, according to which, digital services providers may use data storage and retrieval devices on computers terminals of the recipients, provided that such recipients have given their consent after they have been provided with clear and complete information on their use and, in particular, on the purposes of data processing according to the data protection laws. Consequently, after considering some aggravating circumstances [(i) the existence of intentionality, (ii) the period of time Twitter has been infringing its duties taking into account that the claim is dated May 2018, (iii) nature and volume of damages caused as more than four millions of users are registered in Spain, (iv) the advantages obtained by Twitter with such infringement, and (v) the sales volume of Twitter], the AEPD decided to impose a fine of 30,000 € to Twitter.
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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.