D.A.A.A – €18,000 Fine (Spain, 2019)
The Spanish data protection authority fined D.A.A.A EUR 18,000 for using pre-ticked boxes for cookie consent and placing cookies without proper user agreement. This case shows that businesses must ensure clear and active consent for cookies on their websites.
What happened
D.A.A.A used pre-ticked boxes for cookie consent and placed cookies without proper user agreement.
Who was affected
Website visitors who had cookies placed on their devices without clear consent.
What the authority found
The Spanish authority found that D.A.A.A violated cookie consent rules by using pre-ticked boxes and placing cookies without user consent.
Why this matters
This case serves as a reminder that businesses must obtain clear and active consent for cookies. Website operators should review their cookie consent practices to avoid similar fines.
National Law Articles
Entities Involved
Vueling Airlines used pre-ticked boxes for cookie consent, continued placing non-essential cookies after rejection, and miscategorized third-party cookies as essential.
Violations (6)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.
Art. 4(11) GDPR
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
Tracking cookies remain active or are re-placed even after the user explicitly rejects them.
Art. 6(1) GDPR
Third-party tracking cookies or scripts are loaded without obtaining prior user consent.
Art. 13, 14 GDPR
No accessible mechanism exists for users to withdraw previously given cookie consent.
Art. 7(3) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for D.A.A.A in ES
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
6 October 2019
Authority
Agencia Española de Protección de Datos
Fine Amount
€18,000
GDPRhub ID
gdprhub-5002About this data
Cite as: Cookie Fines. D.A.A.A - Spain (2019). Retrieved from cookiefines.eu
Last updated: