Radio Popular S.A. – €1,200 Fine (Spain, 2021)
Radio Popular S.A. was fined for not allowing users to reject cookies on their website. Visitors were forced to accept cookies without being able to read the cookie policy first. This matters because it shows the importance of giving users clear choices about their data.
What happened
Radio Popular S.A. installed cookies on its website before obtaining user consent.
Who was affected
Website visitors who accessed Radio Popular's site and were unable to reject cookies.
What the authority found
The Spanish DPA found that the company violated ePrivacy rules by not allowing users to reject cookies and by placing cookies before consent.
Why this matters
This case highlights the need for websites to provide clear options for users regarding cookie consent. Other companies should ensure they comply with consent requirements to avoid similar penalties.
National Law Articles
A data subject filed a complaint against a radio company stating that "when accessing their website (www.cope.es), it is impossible to reject cookies". When the website loaded, a banner informing users that cookies were being used on the site and containing a link to the configuration panel was displayed. However, no link to the actual cookie policy was provided, and the user could not access the cookie policy before accepting the cookies. Furthermore, non-strictly necessary cookies for the functioning of the website were installed on the user's device before consent was obtained, such as: * _cb: analytical cookie that stores the unique identifier for chartbeat tracking (tool for real-time website metrics analysis) (1 year active) * _chartbeat2: analytical cookie used to store statistics on the number of visits per year (30 days active) * _ga: analytical cookie used to distinguish between users of the website (2 years active) * _cb_svref: analytical cookies used to store the origin of the visitors (active during session) * _cb_ls: analytical cookie used for the analysis and control of active users' navigation (1 year active) * web_gid: analytical cookie used to distinguish users (active 24 hours) The Spanish DPA (AEPD) found that the controller was installing unnecessary cookies before asking for the consent of the user, what violated Article 22(2) of the [https://www.boe.es/buscar/act.php?id=BOE-A-2002-13758 Act on Information Society Services and Electronic Commerce] (implementing the e-Privacy Directive). The controller should have sought the consent of the users before installing such cookies. Additionally, the controller also violated the same Article by not providing enough information about the processing of such cookies, as the users could not directly access the cookie policy. The cookie banner should have included a direct link to such policy, or it should have been available in the second layer. The user should have been able to access the information
Violations (3)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) 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 Radio Popular S.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
7 June 2021
Authority
Agencia Española de Protección de Datos
Fine Amount
€1,200
GDPRhub ID
gdprhub-3579About this data
Cite as: Cookie Fines. Radio Popular S.A. - Spain (2021). Retrieved from cookiefines.eu
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