The AEPD has established that the organizations must implement the revised content no later than October 31, 2020.
France's CNIL also recently updated its guidelines on cookies and similar technologies.
You can read the official AEPD press release here (only available in Spanish).
In this post, we will discuss the key highlights of the revised guide.
AEPD revised cookie consent guide
- Continued browsing without any interaction
- The use of cookie walls
Continued browsing without any interaction
Continued browsing without interacting with the cookie banner does not constitute valid consent. Unless and until the users explicitly express their consent to use the cookies, you cannot store them on their device.
The AEPD clears that such action (scrolling through the website without responding to the cookie consent) is difficult to distinguish from other activities or interactions. Therefore, such “implied” consent is not unambiguous.
Hence, the consent obtained via the “continue browsing” option is not valid.
The use of cookie walls
Cookie consent solution to the AEPD guide
To follow the revised content in the guide, the solution is to deploy a cookie banner set up that does not store cookies unless the users agree. The consent banner should also not make access to the website services or content conditional to user consent.
CookieYes is a simple yet powerful application to fulfill both the requirements (and more). It automatically blocks third-party cookies scripts before the user agrees to use them. The customizable cookie consent banner by CookieYes does not restrict access to website services or content.
You can know more about CookieYes and how to set it up on your website here.
Disclaimer: This blog post is for information purposes only. It does not intend to be a substitute for legal advice. To know more about the legal aspects, we advise you to read the official document of the guide or contact an attorney.