Andorra cookies guide
If you have a website operated by a company residing in Andorra, you should remember that it must adapt to the cookie requirements set by the Andorran Data Protection Agency. At the end of September this year, the APDA published its Andorra Cookies Guide, which sets out all the requirements to consider and that you should be familiar with.
What do you need to know about this guide?
Not all cookies usually used on a web page are subject to compliance with the criteria of the APDA. Hence, the following types of cookies are exempt from compliance with the regulations, as no kind of consent is required:
- User preferences cookies: These remember a user’s choices: browsing language, region or the name and password to log in automatically. Consent is not required for the use of these cookies.
Which cookies are subject to the Andorra cookies guide?
- Statistics cookies or web performance cookies: These are used for information on how the user uses a website, which sections he/she visits or where he/she has clicked. Although the data does not allow for the user to be identified, consent is required for their use. They are the traditional analytical cookies.
- Advertising cookies: These track user activity to offer more relevant ads to suit their tastes and consumption habits or behaviour. They are subject to consent.
Something important must be noted here: it is usually common for the businesses that own the websites not to decide on the cookies that will be used and they are often unaware of use or purpose.
It is therefore important that, even if a third party makes the website for you, you are aware of the cookies that will be used and installed because the person ultimately responsible for complying with the cookie regulations is the company that owns the web and not the one that designed it.
The two golden rules for complying with the Andorra cookies guide are:
- Obtain valid consent: in the words of the APDA, express forms of consent are required (for example, by clicking on sections that specify, “I consent”, “I accept” or similar because under no circumstances will “the mere inactivity of the user imply consent”).
As a result, they are contrary to the criteria of the APDA:
- Websites that install non-exempt cookies when visitors enter the website and with no affirmative action by the user. On these websites, acceptance of the installation has no practical consequences because the cookies are already installed merely by accessing the website.
- Cookie footers where formulas like “if you continue browsing, you accept the installation of cookies” are used. This therefore requires positive action by the user, and the mere browsing or use of the website is not considered as such.
- Inform the user properly, through:
If you want to correctly apply the Andorra cookies guide to your website, contact us!:
Information on data protection
LEGAL IT GLOBAL 2017, SLP
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