Live data from Hacker News

Spain begins disciplinary proceedings against site for violating Cookie Law

translate.google.com

1–10 of 81 posts

Re: Spain begins disciplinary proceedings against site for violating Cookie Law

#2
Sorry for submitting a Google Translate link. It's not doing a perfect job on a legal text but I didn't find any source in English. This is a blogpost of the lawyer taking this case, and the client name is unknown yet.

Here's my summary of some facts (IANAL!):

- The cookies being investigated are from Google Analytics, Google Maps, YouTube, Adsense and WordPress.

- The website was setting the cookies in the browser and then showing a popup warning the user that the site used cookies and that if they didn't want them they could delete them.

- The AEPD is a governmental organization which watches over personal data and privacy infringements. If a company infringes your rights as a citizen, you submit a complaint to the AEPD, and they can investigate and fine if necessary.

- The AEPD states that the fine is imposed because the website should not set any cookies until the user had accepted the warning.

- The Spanish law being used here is RD 12/2012, which was created using the 2009/136/CE EU Directive as its framework.

- The fine is still not final. They can still present allegations.

Re: Spain begins disciplinary proceedings against site for violating Cookie Law

#3
post #2

Sorry for submitting a Google Translate link. It's not doing a perfect job on a legal text but I didn't find any source in English. This is a blogpost of the lawyer taking this case, and the client name is unknown yet. Here's my summary of some facts (IANAL!): - The cookies being investigated are from Google Analytics, Google Maps, YouTube, Adsense and WordPress. - The website was setting the cookies in the browser a…

This is interesting. Is it clear in the law that no cookies shall be set until the user has accepted the warning, or is that an open interpretation in this particular case?

My initial reaction is that this seems fair. The fine is substantial, but not deadly to an enterprise, so it would serve as a warning without being catastrophic for them.

I'm not a EU citizen - but presumably the EU's rather strict laws re: cookies derives from privacy and a desire not to be tracked at all. A user who has accepted Google cookies from other sites need not submit to the same tracking cookie on your site - but even if you delete the cookie aftewards, presumably Google Analytics has already captured the visit.

And there is, as far as I know, no way to remove that event from Google Analytics.

Re: Spain begins disciplinary proceedings against site for violating Cookie Law

#4
post #2

Sorry for submitting a Google Translate link. It's not doing a perfect job on a legal text but I didn't find any source in English. This is a blogpost of the lawyer taking this case, and the client name is unknown yet. Here's my summary of some facts (IANAL!): - The cookies being investigated are from Google Analytics, Google Maps, YouTube, Adsense and WordPress. - The website was setting the cookies in the browser a…

This is one of the most stupid and anti-user laws on the books. Worse, it's probably the only law I've ever seen have an instant and devastating effect on the UX of a swathe of websites.

Hopefully they are going to start suing people regularly (unlike the inaction being taken in the UK) so that business wakes up to this stupid law and finally gets it repealed, the sooner the better.

Re: Spain begins disciplinary proceedings against site for violating Cookie Law

#6
post #5

Is there an open source JavaScript snippet somewhere that I can put on my page and it shows a pop up prompting users to accept cookies?

There are several, with http://www.civicuk.com/cookie-law/index and http://silktide.com/cookieconsent being the most popular afaik.

Re: Spain begins disciplinary proceedings against site for violating Cookie Law

#7
post #5

Is there an open source JavaScript snippet somewhere that I can put on my page and it shows a pop up prompting users to accept cookies?

If your server sends cookies automatically, it would fall foul of this Spanish implementation of the law (supposedly). Implied consent does not cover simply giving the users information, and some of the cookies being argued over are third-party too. There's no third-party snippet you can drop in and "fix" this for Google Analytics (for example).

Re: Spain begins disciplinary proceedings against site for violating Cookie Law

#9
Has there been any work done at all to standardize this process and allow users to opt-in to cookies at a browser level, so that we can all stop seeing this stupid warning? would that even be allowed under the law?

i tried to download a firefox extension called "cookiesOK", but it doesn't seem to work in most cases.

Re: Spain begins disciplinary proceedings against site for violating Cookie Law

#10
post #2

Sorry for submitting a Google Translate link. It's not doing a perfect job on a legal text but I didn't find any source in English. This is a blogpost of the lawyer taking this case, and the client name is unknown yet. Here's my summary of some facts (IANAL!): - The cookies being investigated are from Google Analytics, Google Maps, YouTube, Adsense and WordPress. - The website was setting the cookies in the browser a…

This is one of the most stupid and anti-user laws on the books. Worse, it's probably the only law I've ever seen have an instant and devastating effect on the UX of a swathe of websites. Hopefully they are going to start suing people regularly (unlike the inaction being taken in the UK) so that business wakes up to this stupid law and finally gets it repealed, the sooner the better.

[deleted]
Post reply on HN