FACUA - Asociación de Consumidores y Usuarios en Acción – Complaint Upheld (Spain, 2021)
A consumer association in Spain filed a complaint about a cookie banner that didn't provide clear information. This matters because it shows that websites must be transparent about how they use cookies.
What happened
The cookie banner on the association's website failed to provide clear information and did not allow users to reject all cookies.
Who was affected
Website visitors who encountered the unclear cookie banner.
What the authority found
The Spanish authority found that the cookie banner violated the law by lacking clear information and a reject option.
Why this matters
This case underlines the importance of clear communication about cookies on websites. Website operators should ensure their cookie banners comply with legal standards to avoid complaints.
National Law Articles
Entities Involved
FACUA - Asociación de Consumidores y Usuarios en Acción (FACUA) filed a complaint against Asociación de Afectados por las Asociaciones de Consumidores (ASOCAPAC). The complaint concerned ASOCAPAC's cookie banner. The Spanish DPA (AEPD) identified the following proven facts. Firstly, the cookie banner on ASOCAPAC's website did not provide concise and intelligible information as it only mentions: "This website uses its own and third party cookies to offer you a better experience and service (...)". This undermines the clarity of the message. The Spanish DPA also established that the cookie policy (in the second layer of the banner or on the Privacy Policy page) provided additional information on what cookies are and first and third party cookies are used for. However, there was no information on the identification and the time that they were active. Additionally, the DPA found that there was no mechanism to reject all cookies. Is the lack of information and the lack of a possibility to "refuse all cookies" on a cookie banner a breach of Article 22(2) LSSI? The Spanish DPA (AEPD) held that: *i) the lack of sufficient information on the first layer of the cookie banner, *ii) the lack of information as to the type of cookie and the time it remained active, *iii) as well as the absence of a "refuse all cookie" option constituted a breach of Article 22(2) of the Spanish Law on Services of the Information Society and Electronic Commerce (LSSI). The Spanish DPA therefore imposed a warning sanction on the defendant, ASOCAPAC. The DPA also outlined that the defendant had a month to modify the cookie banner and introduce a new cookie policy.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Violations (3)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Third-party tracking cookies or scripts are loaded without obtaining prior user consent.
Art. 13, 14 GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
Related Enforcement Actions (0)
No other enforcement actions found for FACUA - Asociación de Consumidores y Usuarios en Acción in ES
This is the only recorded action for this entity in this jurisdiction.
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Details
About this data
Cite as: Cookie Fines. FACUA - Asociación de Consumidores y Usuarios en Acción - Spain (2021). Retrieved from cookiefines.eu
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