The second section of Article 22 of Law 34/2002, of 11 July, on information society and e-commerce services (hitherto referred to as LSSI-CE), states the following:
Those that offer services shall be able to use data storage and data retrieval devices in users’ equipment, as long as the users have given their consent after receiving clear complete information about their use, particularly about data processing purposes, and this information complies with the legal regulations currently in force about personal data protection matters.
Provided it is technically possible and feasible, users’ consent to accept data processing could be facilitated by using the browser’s appropriate parameters, or those of other applications, as long as users have to proceed to configure the browser while installing or updating by the express action for this very purpose.
This shall not interfere with the possible technical storage or access for the sole purpose of transmitting a communication over a network of electronic communications or, if strictly necessary, to render a service from the information society that users have expressly requested.
According to that set out in the “Guide on using cookies”, published by the Spanish Data Protection Agency (hitherto referred to as AEPD) in 2013, the LSSI-CE is applicable to any kind of file or device that is downloaded in users’ devices to store data that could be updated and retrieved by the company/organisation in charge of installing them. A cookie is a device of generalised use which, from this point onwards, we shall generically refer to as cookies.
The obligations set out in Article 22 of the LSSI-CE shall be waived for the cookies employed for the following purposes:
To only allow communication between users’ devices and the network
To strictly render the services expressly requested by users
TYPES OF COOKIES ACCORDING TO THEIR PURPOSE
A cookie is a file that is downloaded in your computer when accessing certain websites. Cookies allow a website to, among other purposes, store and retrieve information about the browsing habits of users and their devices in accordance with the information that they contain and the way they employ their devices, and can be employed to recognise users.
According to that set out in the “Guide on using cookies” of the AEPD, depending on the purpose for which the data obtained by means of cookies are processed, we can differentiate the following:
Technical cookies: These cookies allow users to browse a website, platform or application, and use different options or services that exist for them, such as controlling traffic and data communication, identifying a session, entering areas with restricted access, being reminded of the contents making up an order, following the purchasing process of an order, placing an application to register for or participate in an event, using security elements while browsing, saving contents to diffuse videos or sound, or sharing contents on social networks.
Personalisation cookies: They allow users to access a service with a certain generally predefined nature according to a series of criteria in users’ devices; e.g., language, the browser type by which a service is accessed, the regional configuration from where the service is accessed, etc.
Analysis cookies: They allow the company/organisation in charge of them to follow up and analyse users’ behaviour on the websites they are linked to. The information collected by these cookies is used to measure the activity of websites, applications or platforms, and to prepare users’ browsing profiles on these websites, applications or platforms, to make improvements according to the data analysis done of users’ employment of the service.
Advertising cookies: They allow the best possible management of advertising spaces that, if applicable, editors have included on a website, application or platform from which they render the service that was requested according to the edited content criteria or the frequency with which ads appear.
Advertising behaviour cookies. They permit the best possible management of advertising spaces that, if applicable, editors have included on a website, application or platform from which they render the service that was requested. These cookies store information about users’ behaviour by continuously observing their browsing habits, which allows a specific profile to be created, according to which the advertising related to it is shown.
Third party cookies: the company’s website may use services of third parties by means of which this company may collect information for statistical purposes, how the website is employed by users, and to render other services related with website activity and other Internet services.
LEVELS OF THE INTRUSIVENESS OF COOKIES AND THEIR DEACTIVATION
There are three scales for the intrusiveness of cookies:
Level 1: it corresponds to the cookies of internal use, which are essential to render one’s own service requested by users.
Level 2: it corresponds to the anonymous cookies of internal use needed to maintain contents and for browsing, and also to those managed by third parties as part of the services expressly requested by users on their websites (e.g.: the Social Plugins of Facebook or Twitter).
Level 3: it corresponds to the cookies managed by third parties as part of the services not expressly requested by users, which allow them to be followed up through websites, of which the website owner is not the owner of those of third parties (e.g.: platforms on which graphical advertising is managed). This level specification is accompanied by its owner. Using Level 3 cookies is subject to users previously providing permission by expressly confirming their acceptance.
You may deactivate the use of (third party and own) cookies at any time from your browser, or restrict third party cookies. You may also eliminate them by configuring your browser.
If you are using your browser in the private mode, cookies should be automatically removed when you close your browser (depending on your Internet browser).
If cookies are removed, altered or deactivated, perhaps you may not clearly view the website.
Below you can find the links with which you can consult everything about cookies administration, including eliminating them, or not accepting them completely or partially, on some of the most widely used browsers:
To comply with the legal regulations currently in force about personal data protection matters, we expressly, accurately and unequivocally inform you that the information that is obtained by the cookies installed in your computer, shall be used to guarantee the quality, security and improvement of offered services, and to analyse our website by Google Analitycs.
Consent to install cookies shall be understood as being provided if the box that corresponds to accepting the “Cookies Policy” available for this purpose on our website is ticked.
In those cases in which users do not expressly indicate if they accept cookies being installed or not, but continue using the website or application, we shall understand that they have given their consent, and our company/organisation shall expressly inform them about the possibility of blocking or eliminating the cookies installed in their devices by configuring the browser options installed in their computer.
We differentiate the cookies employed on our website below:
– Session cookies to correctly browse our services
– Cookies of a given duration and of third parties, such as those used by social networks, or by external complements to certain contents, such as Google Maps.
– Cookies of a given duration and of third parties whose purposes are analytical, and allow your
browsing activity to be analysed by our website, and to improve the service if any error is found.
The information collected by such cookies shall always remain anonymous, and it is not possible to establish any link between browsing patterns and natural persons.