Spanish Law on Information Society Services - Article 22


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.


The recipient may revoke the consent given to receive commercial communications at any time by simply notifying the sender of his wishes. For this purpose, service providers must enable simple and free procedures so that service recipients can revoke the consent they have given. When the communications have been sent by email, said means must necessarily consist of the inclusion of an email address or other valid electronic address where this right can be exercised, and the sending of communications that do not include said address is prohibited. Likewise, they must provide information accessible by electronic means on said procedures.
Service providers may use data storage and retrieval devices on recipients' terminal equipment, provided that they have given their consent after being provided with clear and complete information on their use, in particular, on the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, of December 13, on the protection of personal data. 
When technically possible and effective, the consent of the recipient to accept the processing of the data may be provided through the use of the appropriate parameters of the browser or other applications. 
The foregoing will not prevent the possible storage or access of a technical nature for the sole purpose of transmitting a communication over an electronic communications network or, to the extent that it is strictly necessary, for the provision of an information society service. expressly requested by the recipient.

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