Art. 22.2 of Law 34/2002, relating to Information Society Services and Electronic Commerce (LSSI) establishes that data storage and retrieval devices may be used provided that the recipients have given their consent after they have been provided with clear and complete information about its use, in particular about the purpose of the data processing.
In its Ruling 4/2012, the Art. 29 Working Group has interpreted that among the cookies deemed to be exceptions to the above are those that are intended to:
These cookies are excluded from the scope of the LSSI and therefore, it would not be necessary to inform or obtain consent for their use.
It would therefore be necessary to know what type of cookies any given website uses in order to assess the need to include information and a request for consent.
In relation to the installation of cookies, it is pointed out that the usual “keep browsing” formula could still be valid if the decision on cookies is confirmed. As possible formulas, the following should be considered: