As a result of the reforms made to article 22 of Law 34/2.002 of July 11 by Royal Decree-Law 13/2.012 of March 30, all service providers of the information company must inform the visitors of their Website about their Cookies Policy. Accordingly:
The second section of article 22 of the LSSICE establishes that the users must be provided with clear and complete information about the use of storage devices and data recovery, and in particular, about the purposes of the data processing, as set forth in Organic Law 3/2.018 of December 5 on Personal Data Protection and Guarantee of Digital Rights.
As a result, the information about cookies provided at the time of requesting consent should be sufficiently filled out in order to allow users to understand the purpose for which they were installed and to know how they will be used.
If a user provides their consent for the use of cookies, the information about how to revoke the consent and eliminate the cookies must be provided to them in an accessible and permanent manner.
In addition to providing the necessary information so that the users can provide, at the required time, a valid consent, it is advisable for the aforementioned information, and in particular the information related to how the cookies will be managed shall be at their disposal in an accessible and permanent manner at all times through the website through which the service is provided.
How that information should be shown.
The Work Group of article 29 has established in its Opinion 15/2011, with the objective of guaranteeing suitable information, two requirements that on the one hand affect the quality of the information, and on the other, its accessibility and visibility.
First, in relation to the quality of the information provided, it is recommended to:
Take into account the type of user to which the Website is directed and adapt the language and content of the messages to their technical level. The lower the technical level of the average user of that website, the simpler the language used must be (avoiding technical terminology that is hard to understand) and the more complete the information that is offered, based on the most basic aspects of what cookies are and how they work. In any case, that lower technical level must not be an impediment from the information provided being as clear as possible, avoiding the overloading of unnecessary details that make reading them cumbersome.
On the contrary, if the users to which the website is directed enjoy a high level of knowledge about the Internet, it may not be necessary to provide basic information about what cookies are and how they work. However, they must include in all cases the detailed information about what type of cookies is used on that page and for what purposes.
Currently, it must be based on the level of knowledge of the users about cookies and managing them is quite low.
Take into account the design and mechanics of the website. The better the information about the cookies fits with the other content of the website and its operating mechanics, the more likely that information is to be read by the users.
Second, in relation to the accessibility and visibility of the information about cookies, it can be strengthened in the following ways:
Through link format: For example, increasing the size of the link to the information or using a different source that distinguishes that link from the normal text of the website and other links.
Through link positioning: The location of the link in areas that catch users’ attention can help to guarantee their accessibility and visibility.
Through the use of a descriptive and intuitive name for the link: The use of an explanatory expression, such as “Cookies Policy,” instead of a more general expression, like “Privacy Policy” to improve the accessibility and visibility of the message.
Through other techniques that help to highlight the importance of that informative link, such as framing or underlining the link, dropping down a notice when the cursor hovers over a link or using an image or icon that you can click on and encourages you to search for more information.
Informing users and obtaining their consent is not something new on the Internet. Most websites know what methods to use to attract users’ attention to the information they want to highlight, such as the case of promotions, offers and satisfaction surveys, and to obtain the consent of its users, though it may be in other contexts (changes in the terms and conditions of use, confirmation of purchases or minimum age verifications required). The way in which users’ consent is communicated and obtained must make use of the experience acquired through these methods.
In all cases, the obligatory information shall be possible to offer through multiple systems. As we’ll see later on, in general these means will not only supply the necessary information, but they shall also request the user’s consent to install the devices. The most common methods are as follows:
a. The supply of information through a header or footer bar that is sufficiently visible.
b. Upon requesting the registration in a service, or before downloading a service or application, this information shall be possible to provide along with the privacy policy or in the terms and conditions of use of the service.
In order to maintain the visibility of the information about the cookies, it must be highlighted and separated (through a different hyperlink, for example) from the rest of the information about the terms and conditions of use or privacy policy.
If it is necessary to obtain the consent for the installation of the cookies by the users already registered (that is, those who are already registered in the services) they must be informed in a verifiable manner about the changes made in related to the processing of cookies and if they continue using the service, it shall be understood that they consent to the installation thereof.
In both cases, it shall also be possible to supply the information and obtain consent through conventional means (offline), as long as there is proof that the users have been individually informed and have provided their consent.
c. Information in layers: this system consists of showing the essential information in a first layer, when the page or application is accessed, and complete it in a second layer through a page on which additional information about cookies is offered.
1. The first layer shall include the following information:
• Warning of the use of non-exempt cookies that are installed when browsing said page or when using the service requested.
• Identification of the purposes of the cookies that are installed. Information about if the installation and use of the cookies shall be just from the publisher responsible for the website or also third parties associated with it.
• If applicable, a warning that if a certain action is carried out, it will be understood that the user accepts the use of cookies.
• A link to a second informative layer which includes more detailed information.
This information shall be provided through a format that is visible for the user and must be maintained until the user carries out the required action to obtain consent.
EXAMPLE:
We use own and third-party cookies to improve our services and show you advertising related to your preferences through analyzing your browsing habits. If you continue browsing, we consider you to have accepted use thereof. You can change the configuration or obtain more information here. As you can see, this example offers information about the use by the editor and third parties of analytical cookies and behavioral advertising cookies. The cookies used to adapt the information to each particular situation.
2. The second layer shall include the following information:
• Definition and function of the cookies.
EXAMPLE:
What are cookies? A cookie is a file that is downloaded to your computer when you access certain websites. Cookies allow a website to, among other things, store and recover information about the browsing habits of a user or their computer, and depending on the information they contain and the way in which you use your computer, they can be used to recognize the user.
• Information through a table or list about the type of cookies that the website uses and the purpose.
EXAMPLE:
What type of cookies does this website use?
• Analytical cookies: They are those that are either processed by us or third parties and allow us to quantify the number of users and thus carry out the measurement and statistical analysis of the use that users make of the service offered. To do so, your browsing of our website is analyzed in order to improve the offering of products or services that we offer you.
• Advertising Cookies: They are those that are either processed by us or third parties and allow us to manage in the most effective way possible the offering of the advertising spaces that there are on the website, adapting the content of the advertisement to the content of the service requested or to how you use our website. For that reason, we can analyze your browsing habits online and we can show you advertising related to your browsing profile.
• Information about how to deactivate or delete the cookies stated through the functionalities provided by the editor, the tools provided by the browser or computer or through the common platforms that may exist for this purpose as well as the revocation of the consent already provided.
EXAMPLE:
You can allow, block or delete the cookies installed on your computer through the configuration of the browser options installed on your computer.
The different alternatives of blocking or deleting cookies for the most used browsers can be found below:
For Firefox, here: https://support.mozilla.org/es/kb/cookies-informacion-que-los-sitios-web-guardan-en-
For Chrome, here: https://support.google.com/chrome/answer/95647?hl=es
For Edge, here: https://support.microsoft.com/es-es/microsoft-edge/eliminar-las-cookies-en-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09
For Safari, here: https:////support.apple.com/kb/ph5042
For Opera, here: https:////help.opera.com/Windows/11.50/es-ES/cookies.html
Information about the identification of who uses the cookies, that is, if the information obtained by the cookies is processed by just the publisher and/or also by third parties with whom the publisher has contracted to provide a service for which the use of cookies is required, identifying them.
