D.A.A.A v. Vueling Airlines S.A.

€18,000 in fines


The Spanish DPA fined the airline Vueling €18,000 for relying on pre-checked consent boxes that enabled non-essential cookies and for continuing to use non-essential cookies even after users clicked "reject all."

Our analysis

The Spanish DPA imposed a fine on Vueling Airlines S.A. for violating Article 22.2 of the Spanish Law on Services of the Information Society and Electronic Commerce. The DPA found that Vueling's consent banner, which required users to accept non-essential cookies to purchase tickets, violated the law's requirement to obtain consent before installing non-essential cookies. Vueling also used deceptive patterns of preselection and forced action. While it was possible to purchase a ticket without checking the box for consent to receive ads, the box was still present and could mislead users into thinking that consent was required. Furthermore, Vueling's cookie policy allows users to revoke consent to non-essential cookies by unchecking pre-ticked boxes, but some third-party cookies were miscategorized as essential and could not be rejected. The use of pre-ticked boxes is not a valid basis for consent under the GDPR, and the LSSI also prohibits the use of such boxes for the installation of cookies. Additionally, the LSSI requires service providers to allow users to reject cookies at any time, which Vueling failed to do by miscategorizing some cookies as essential.


The controller was fined €18,000 by the DPA for the violations, which included unauthorised processing of personal data and failure to implement adequate security measures. The initial fine of €30,000 was reduced by 40% because the controller accepted responsibility for the infractions and agreed to pay the fine before the final resolution of the sanctioning procedure.


D.A.A.A and Vueling Airlines S.A.

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