D.A.A.A – €18,000 Fine (Spain, 2019)

€18,000Agencia Española de Protección de Datos6 October 2019Spain
final
Fine

Vueling Airlines faced a fine for using pre-ticked boxes to get cookie consent from users. This practice misled visitors about their choices and continued to track them even after they opted out. This case highlights the importance of clear consent mechanisms for online businesses.

What happened

Vueling Airlines used pre-ticked boxes for cookie consent and continued placing third-party cookies after users rejected them.

Who was affected

Website visitors who interacted with Vueling Airlines' site and had their cookie preferences mismanaged.

What the authority found

The Spanish data protection authority found that Vueling Airlines violated rules by not obtaining proper consent for cookies.

Why this matters

This ruling emphasizes that companies must clearly inform users about cookie usage and obtain valid consent. Online businesses should ensure their consent practices are transparent and compliant.

National Law Articles

AI-identified

Art. 22.2 LSSI

Entities Involved

D.A.A.A
Vueling Airlines S.A.
Source verified 5 April 2026
national law identified
Full Legal Summary
Detailed

The data subject complained to the DPA that it was impossible to purchase an airline ticket from the controller's website without accepting cookies and consenting to receive advertisements. The controller, Vueling Airlines S.A., had a box in its checkout procedure indicating consent to receive ads, but, contrary to the data subject's complaint, it was possible to purchase a ticket without checking the box. The controller's cookie policy allowed users to revoke consent to non-essential cookies by unchecking two pre-ticked boxes, one for "performance cookies" and one for "targeted cookies." However, some third-party cookies were incorrectly categorized as essential, so even when users unchecked the relevant boxes or clicked "reject all," non-essential cookies remained. The DPA found that the controller's consent banner violated Article 22.2 of the Spanish Law on Services of the Information Society and Electronic Commerce (Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico - LSSI) which requires service providers to obtain consent before installing non-essential cookies. The use of pre-ticked boxes is not a valid basis for consent, and the impossibility to reject cookies miscategorized as essential is not legal either. For these violations, the DPA ultimately fined the controller €18,000; an inital €30,000 fine was reduced by 40% because the controller voluntarily acknowledged responsibility for the infractions and agreed to pay the fine before final resolution of the sanctioning procedure.

Violations (6)

No Reject Button
critical

Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.

Art. 7 GDPR

Pre-ticked Consent Boxes
high

Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.

Art. 4(11) GDPR

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Cookies Persist After Rejection
critical

Tracking cookies remain active or are re-placed even after the user explicitly rejects them.

Art. 6(1) GDPR

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Cannot Withdraw Cookie Consent
critical

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.

Details

Fine Date

6 October 2019

Authority

Agencia Española de Protección de Datos

Fine Amount

€18,000

GDPRhub ID

gdprhub-5002

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified
Cookie relevance: 100%

Cite as: Cookie Fines. D.A.A.A - Spain (2019). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: