D.A.A.A. V. Abanca Corporacion Bancaria, S.A.

€5,000 in fines


Abanca Corporación Bancaria was found to be using unnecessary cookies on its website without obtaining prior consent from users, leading to a fine by the Spanish Data Protection Agency (AEPD).

Our analysis

The case of Abanca's use of cookies without obtaining consent from the user raises concerns about compliance with privacy regulations. The AEPD received a complaint about the installation of cookies by Abanca without consent, specifically third-party cookies from Google and Weborama that were installed before the cookie banner appeared. The AEPD found that this constitutes a violation of the cookies regulation, which requires obtaining consent before installing non-necessary cookies. Furthermore, the AEPD discovered that Abanca did not properly identify the cookies that were placed before obtaining consent in their cookie information page. This lack of transparency regarding the use of cookies violates the principles of the GDPR, which require clear and concise information to be provided to data subjects. Abanca's actions may also be in violation of Article 22(2) LSSI, which implements the e-Privacy Directive. This regulation requires that users be informed about the use of cookies and be given the opportunity to reject their installation. By installing non-necessary cookies before obtaining consent, Abanca may be seen as engaging in deceptive patterns of forced action and hidden information, which undermines the principles of transparency and user choice.


Abanca was fined €5,000 by the AEPD, which was later reduced to €3,000 as a result of the company acknowledging its responsibility and making an early payment. The AEPD also ordered Abanca to implement necessary modifications to their websites to ensure that cookies are not used without obtaining the user's consent.


D.A.A.A. (complainant) and Abanca Corporacion Bancaria, S.A.

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