LEGAL OPINION CONCLUSIONS:
FIRST.- Cookies are tools that play an essential role in the provision of many information society services. They concentrate the largest advertising investment, facilitate user navigation and provide advertising based on browsing habits.
SECOND.- We must not forget, however, that all the fundamental rules are out of date
THIRD.- On 1 October 2019, the European Court of Justice (ECJ) ruled on users’ consent to the installation of cookies on their computers. The user’s consent must be active and voluntary and based on prior information.
FOURTH.- In many cases, Internet-related services result in an international relationship where both parties are in different states. The LSSI is applied in conjunction with the existing rules of European Union law.
FIFTH.- The European Regulation on Non-Personal Data In the interest of a digital single market, this is the first regulation governing the movement of non-personal data worldwide and aims to establish control over such data
SIXTH.- The European Regulation on Non-Personal Data In the interest of a digital single market, it is the first regulation governing the movement of non-personal data worldwide and aims to establish control over such data.
SEVENTH.- Processing of personal data is considered to exist when the user is identified by a name or e-mail address that identifies him or her (e.g. because he or she is a registered user) or when unique identifiers are used that make it possible to distinguish between users and to track them individually (e.g. an advertising ID).
EIGHTH.- The legal obligations imposed by the regulations are twofold
- the obligation of transparency and
- the obligation to obtain consent.
NINTH.- The information on cookies provided at the time of requesting consent must be sufficiently complete to enable users to understand their purposes and the use to which they will be put.
TENTH.- Consent must be given by the recipient of the service, which is the natural or legal person who uses, whether or not for professional reasons, an information society service, the user.
In the case of minors under 14 years of age, the controller will make reasonable efforts to verify that consent to the processing of personal data was given by the holder of parental authority or guardianship, considering the available technology and the circumstances of the processing.
