Adevinta Spain, S.L. – Dismissed (Spain, 2024)

Dismissed
Agencia Española de Protección de Datos22 April 2024Spain
final
ePrivacy
Dismissed

Adevinta Spain, S.L. faced a complaint about its cookie banner but was cleared of any wrongdoing by the Spanish data protection authority. This is important because it shows that not all cookie banners are considered misleading, and companies can design their consent mechanisms as long as they follow guidelines. If you operate a website, it’s crucial to stay updated on cookie consent rules.

What happened

A complaint was filed against Adevinta Spain regarding its cookie banner's design and functionality.

Who was affected

A user who felt the cookie banner was misleading and difficult to navigate.

What the authority found

The authority found no violations and determined that the cookie banner complied with existing guidelines.

Why this matters

This decision sets a precedent for how cookie banners can be structured. Website operators should ensure their banners are user-friendly while following legal guidelines.

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Full Legal Summary
Detailed

In January 2021 a data subject accessed a website operated by Adevinta Spain, S.L. (the controller) which had a cookie banner. In the data subject’s view, the cookie banner did not offer a reject button in the first layer, used colors and contrasts to nudge user to consent and did not provide an option to withdraw consent that would be as easy to use as the option to give consent. The data subject, represented by noyb (European Centre for Digital Rights), lodged a complaint with the Austrian DPA in August 2021. The Austrian DPA determined that the controller was Spanish and forwarded the case to the Spanish DPA (AEPD), which received it in June 2023. The AEPD found no violations and issued a decision archiving the complaint on 8 November 2023. First, it agreed with the controller’s argument that providing one button to accept cookies and another to further configure settings in the first layer of the cookie banner, which then permitted you to reject cookies in the second layer of the banner, complied with the AEPD’s 2020/2022 Guidance on the use of cookies. Second, the AEPD noted that this guidance did not specify color or contrast settings. Though the updated 2023 guidance addressed dark patterns, it did not come into effect until 11 January 2024 and thus was not at issue in this case. Third, the AEPD observed that the panel to disable cookies was permanently located at the footer of the webpage and thus found that the option to withdraw consent was always accessible. Finally, based on its own investigation of the webpage, the AEPD determined that the webpage did not install any cookies prior to obtaining consent and verified their proper uninstallation once consent was withdrawn. On 11 December 2023, the data subject filed an internal appeal (recurso de reposición) making five key arguments. First, it claimed that a procedural GDPR violation had occurred, arguing that the Austrian DPA transferred the complaint to the AEPD when pursuant to Article 60(8) GDPR, th

Outcome

Dismissed

The complaint or investigation was dismissed.

Violations (4)

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

Reject Harder Than Accept
critical

Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.

Art. 7 GDPR

Misleading Banner Messaging
critical

The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).

Art. 7 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 Adevinta Spain, S.L. in ES

This is the only recorded action for this entity in this jurisdiction.

Similar Cases

Enforcement actions with similar violations

Details

Decision Date

22 April 2024

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-7846

About this data

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

Cite as: Cookie Fines. Adevinta Spain, S.L. - Spain (2024). Retrieved from cookiefines.eu

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