Asociación de Consumidores y Usuarios en Acción (FACUA) v. Asociación de Afectados por las Asociaciones de Consumidores (ASOCAPAC)

1 month to comply with GDPR requirements


The Spanish DPA (AEPD) fined ASOCAPAC for insufficient information provided on the first layer of the cookie banner and the missing "refuse all cookies" option in the cookie policy on their website.

Our analysis

In the case of FACUA vs ASOCAPAC, FACUA filed a complaint against ASOCAPAC for their cookie banner on their website. The Spanish DPA (AEPD) conducted an investigation and found that the cookie banner did not provide clear and concise information, as it only stated that "This website uses its own and third party cookies to offer you a better experience and service." This lack of information undermines the transparency of the message. Furthermore, the Spanish DPA discovered that the cookie policy on ASOCAPAC's website did not provide information on the identification and the time that the cookies were active, although it did provide additional information on what cookies are and what first and third-party cookies are used for. The DPA also noted that there was no option to refuse all cookies. The Spanish DPA (AEPD) found that the lack of sufficient information on the first layer of the cookie banner, the absence of information about the type of cookie and the duration of their activity, as well as the lack of a "refuse all cookie" option, constituted a breach of Article 22(2) of the Spanish Law on Services of the Information Society and Electronic Commerce (LSSI). Therefore, the DPA imposed a warning sanction on ASOCAPAC and gave them one month to modify the cookie banner and introduce a new cookie policy.


The AEPD found that ASOCAPAC violated Article 22(2) of the Spanish LSSI due to the insufficient information on their cookie banner, lack of information on cookie type and time of activity, and the absence of a “refuse all cookies” option. As a consequence, ASOCAPAC received a warning sanction from the AEPD and was given one month to modify their cookie banner and implement a new cookie policy.


FACUA - Asociación de Consumidores Usuarios en Acción and Asociación de Afectados por las Asociaciones de Consumidores

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