The Spanish Data Protection Agency (AEPD) has sanctioned Seat for an alleged violation of Law 34/2002 (LSSI), of July 11, for the use of ‘cookies’ before the user gives their consent, for which can fine her up to 20,000 euros.
In the sanctioning document, which dates from September 18, the agency explains that, upon entering the automobile group’s website for the first time, once the terminal equipment had been cleaned of browsing history and cookies, without accepting new cookies ‘ or perform any action on the website, it has been proven that ‘cookies’ of a technical or necessary nature are used.
The website also uses functionality ‘cookies’ that allow a website to remember the choices the user makes regarding their browsing experience. These ‘cookies’ are not essential for the basic functioning of the site, but are useful to offer an experience more adapted to the user’s preferences, explains the agency.
Likewise, the agency has identified that segmentation ‘cookies’ are used, which are those designed to collect information about the user’s browsing habits with the aim of showing personalized and relevant advertisements.
However, the AEPD has verified that if the user has given initial consent for the website to use ‘cookies’ of a non-technical or necessary nature and wishes to withdraw or modify it, it is verified that there is a link in the “cookie policy” to through which the website displays the ‘cookies’ control panel.
If the user clicks on the “reject options” option, the website continues to use the same ‘cookies’ detected when consent was given. That is, the ‘cookies’, both our own and non-technical third parties, that were installed when consent was given, are still present in the browser.
Therefore, the agency reminds the Cupra manufacturer that users must be able to withdraw the consent previously granted whenever.
Fine of up to 30,000 euros
Following the evidence obtained, the agency has initiated the procedure and has agreed on a sanction that could, based on what results from the investigation, be 20,000 euros.
Likewise, it explains that, in the event that the sanction to be imposed is a fine, Seat may recognize its responsibility within the period granted, which will entail a 20% reduction of the amount that should be imposed in the procedure, equivalent in this case at 4,000 euros. With the application of this reduction, the penalty would be established at 16,000 euros.
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