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Spain: AEPD issues €30,000 fine against Twitter for unlawful cookie banner

June 9, 2020
Summary

The Spanish Data Protection Authority (AEPD) fined Twitter, Inc. €30,000 for non-compliance with Spanish data protection laws regarding cookie usage. The AEPD's resolution on 9 June 2020 found that Twitter's cookie banner implied consent by use and lacked a direct link to reject cookies or to manage settings. Twitter was also found to place cookies, including advertising cookies, on users' devices upon website access without any additional user action. Twitter is required to implement changes within one month, considering the AEPD's Cookie Use Guide.

The Spanish data protection authority ('AEPD') issued, on 9 June 2020, a resolution ('the Resolution') in proceeding PS/00299/2019, in which it fined Twitter, Inc. €30,000 for violating regulations on the use of cookies. In particular, the AEPD held that Twitter’s cookie banner stated that, by using Twitter's services, the user would accept the cookie policy, and did not provide any further link within the banner to reject the use of cookies or redirect the user to a second layer of the cookie banner including management and configuration options. Moreover, the AEPD held that, in order to manage cookies, the user had to click on a link at the bottom of the website. Furthermore, the AEPD stat

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