The Spanish DPA imposed a fine on the owner of a commercial website for processing personal data without proper consent, using unnecessary third-party cookies that could not be rejected, and failing to provide clear information about the cookies in use in the Cookies policy.
Mr. B.B.B (Data Subject) v. Ms. A.A.A (Owner of Commercial Website)
Related deceptive patterns
Forced action involves a provider offering users something they want - but requiring them to do something in return. It may be combined with other deceptive patterns like sneaking (so users don't notice it happening) or trick wording (to make the action seem more desirable than it is). Sometimes an optional action is presented as a forced action, through the use of visual interference or trick wording. In cookie consent interfaces, forced action is sometimes carried out through "bundled consent". This involves combining multiple agreements into a single action, and making it hard or impossible for a user to selectively grant consent.
Sneaking involves intentionally withholding or obscuring information that is relevant to the user (e.g. additional costs or unwanted consequences), often in order to manipulate them into taking an action they would not otherwise choose.
Legal basis for processing personal data are performance of contract, legal obligations compliance, protection of vital interests, controller's legitimate interests, and data subject's consent.
Controllers must provide identity, contact details, processing purposes and legal basis, recipient information, retention period, and data subject rights when collecting personal data.
Requires informed consent for the use of data storage and retrieval devices, unless they are strictly necessary for service provision, and mandates clear information provision for such use.