AEPD - PS/00386/2019
|AEPD - PS/00386/2019|
|Relevant Law:||Article 7 GDPR|
Article 13 GDPR
22(2) of Spanish Law on Information Society Services (LSSI)
|National Case Number/Name:||PS/00386/2019|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD decision (in ES)|
|Initial Contributor:||Miguel Garrido de Vega|
The Spanish DPA (AEPD) decided to impose a fine up to 3,000 € on Innova Resort, 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]
The decision is the consequence of a complaint submitted by a Spanish citizen stating that a website by the defendant loads a great number of analytical and advertising cookies without requesting the consent by the user.
Dispute[edit | edit source]
Holding[edit | edit source]
Thus, the AEPD understood that the defendant 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, and (ii) the period of time the defendant has been infringing its duties taking into account that the claim is dated February 2019], the AEPD decided to impose a fine of 3,000 € to the defendant. Additionally, the AEPD requires the defendant to correct the situation on the cookies use at the website in the period of one (1) month since this resolution.
Comment[edit | edit source]
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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.