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Spain: AEPD fines €3,000 Just Landed for ePrivacy Directive violation and expresses warning for GDPR violation
The Spanish data protection authority ('AEPD') issued, on 23 July 2020, a resolution ('the Resolution') fining Just Landed, SL €3,000 for violating the Directive on Privacy and Electronic Communications (Directive 2002/58/EC) ('the ePrivacy Directive') for its cookie policy, and expressing a warning for a violation of Article 13 of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') regarding Just Landed's privacy policy. In particular, the AEPD highlighted that on one of Just Landed's website pages, there was no cookie policy and the terms and conditions of its privacy policy were only in English, despite the entity being based in Spanish territory. Moreover, there was no banner or notice relating to cookies on the website page, nor any link or mechanism which allows the accepting, rejection, or management of the installation of cookies, but cookies were loaded without any action. Furthermore, the AEPD noted that the offence is 'slight' under Article 38(4)(g) of the ePrivacy Directive, and that it based its fine on the criteria listed in Article 40 of the ePrivacy Directive. Finally, the AEPD noted that one of Just Landed's websites had a privacy policy, but that it was in English.
You can read the Resolution, only available in Spanish, here.
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