The agency recalls that non-compliance with the regulations may involve penalties of up to 100,000 euros
The Andorran Data Protection Agency (Apda) has updated its guide "Use of cookies, privacy policy and legal notice" to incorporate the novelties described in the document of the European Data Protection Committee (EDPB), "Memory of work carried out by the Cookie Banners Working Group", as reported by the entity in a statement. The APDA has also published the infographic "Adequate content and format of the cookie banner" in order to help indicate to data controllers what format and minimum content the cookie banner should have on their websites.
In this sense, they point out that for the cookie consent to be valid, the EDPB, the "reject" or similar button must be included in the design of the banner, given that its absence constitutes a breach of the regulations; on the other hand, the pre-marked boxes in a second layer where the user can personalize his choice do not constitute a valid consent; the acceptance/rejection of the cookie policy must have a simple visual format that is based on a positive act (tacit acts such as continuing to browse as a way of granting consent are prohibited); likewise, confusing colors and contrasts that may lead to choosing one option over another may invalidate the consent given and the information provided must be transmitted in an easily visible, intelligible and clearly legible manner.
On the other hand, the Agency takes this opportunity to remind all those responsible and in charge of treatment of the qualified law on the protection of personal data, that it is given a grace period until April 5, 2023 to adapt its internal processes and develop the new obligations contained therein. Among others, these new obligations refer to the need for
the drafting of cookie policies and privacy policies of web plans to comply with the regulation of the LQPD and the Regulation itself. For this reason, the entity recalls that breach of the conditions is considered a very serious infraction that may involve financial administrative sanctions with an amount between 30,000 and 100,000 euros
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