A cookie is a file that is downloaded onto your computer when you access certain websites. Cookies allow a web page to, among other things, store and retrieve information about the browsing habits of a user or their equipment. Depending on the information they contain and the way they use their equipment, they can be used to recognize to user.
Cookies used for any of the following purposes are exempt from compliance with the obligations established in Article 22.2 of Law 34/2002 on Information Society Services and Electronic Commerce ("Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico" - "LSSICE" - in Spanish:
- Criterion A: Allow only communication between the user's equipment and the network.
- Criterion B: Strictly provide a service expressly requested by the user.
In other words, excepted cookies would include those with the following purpose:
- User input cookies
- Authentication or user identification cookies (session only)
- User security cookies
- Multimedia player session cookies
- Session load balancing cookies
- User interface customization cookies
- Add-on (plug-in) cookies for exchanging social content
In the case of Criterion B, the cookie offering an information society service would have to fulfil the following two conditions:
the cookie must be necessary to provide a specific functionality to the user (or subscriber): if the cookies do not work, the functionality will not be provided
the functionality must have been explicitly requested by the user (or subscriber), as part of an information society service.
In the first layer, it will show the essential information about the existence of cookies, whether they are own or third-party cookies, and the purposes of the cookies used, as well as the ways of giving consent.
In the second layer, it would inform the user what cookies are and what they are used for, the types of cookies used and their purpose, as well as how to deactivate or eliminate the cookies presented through the functionalities provided by the publisher, the tools provided by the browser or the terminal or through the common platforms that may exist, for this purpose or, where appropriate, the form of revocation of the consent already provided. This second layer will also offer information on the identification of the person using the cookies, i.e. whether the information obtained by the cookies is treated only by the publisher and/or also by third parties. With the identification of those with whom services have been contracted or whose services the publisher has decided to integrate.