The Cookie Policy
And the last step with which we will complete our training about online responsibility is to address the section on cookies. The legal basis for this is found in article 22.2 of the LSSICE, which identifies cookies as "data storage and recovery devices". Therefore, when cookies are used, the user must be clearly and fully informed about the use of these and their purpose, so that his/her consent to their use is valid.
It should also be remembered that the infringement of this obligation to inform, or the use of these cookies or the information stored thanks to them without the express consent of the user, is sanctioned by the LSSICE in article 39.
And for the last time, we will detail what must be included, where and how.
What
Here the information provided varies depending on the layer in which we are, differentiating as a first layer the typical message warning of the use of cookies, and as a second layer the Policy itself.
Therefore, the first layer will be concise and summarized but sufficient for the user to understand that cookies will be used and the purpose of these, including the following points.
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Warning about the use of cookies.
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Generic purpose of the use of these.
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Whether cookies are only used by the company itself or also by third parties.
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Notice of the consequences of not carrying out certain actions, for example the installation of cookies if you continue to browse the website even if you do not expressly accept them, or the incomplete functioning of the site if you do not accept it.
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Link to the second layer.
An example of this warning message would look like the following image, although perhaps an "Accept" confirmation button would be missing in order to collect the express consent (in this case it is not necessary because it indicates that by continuing to browse you are considered to have accepted its use).
While the second will be the development of the following points:
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Explanation of what a cookie is, how it works and what its use on a website entails.
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The types of cookies that exist, naming them and with a small explanation about their purposes.
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Detail the cookies used specifically and for what purpose, detailing for each cookie that purpose by means of a list or table. It will even be indicated if own and/or third party cookies are used, adding links to the cookie policies of those third parties.
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How to disable or delete cookies in different browsers, just include the links to the guides, you can also use a list.
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Information on who will use the cookies and the information collected with them, indicating whether they are also third parties.
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How consent will be obtained if something happens related to the cookies used or the regulations on them. For example, that use of the site after these changes will entail acceptance and consent to these changes.
Remember to use simple, non-technical language at all points so that the information effectively reaches the user, and is not just available.
Where and how
As already mentioned, the information in the first layer will be included in a notice directly visible to the user, who can use a pop-up message or one at the bottom or top, highlighted by colors or styles, and with the content already mentioned.
Respect to the second layer, access to this must always be available from any part of the web page and be identifiable as such; being important: the position of the link (for example in the static footer), the style of the text to identify it as a link, and the name of the link being clear (for example "Cookie Policy" instead of a more generic one).
As regards the format of this second layer, it is advisable to use lists and tables to include the content already explained, since in this way the structure helps the user to understand this information.
For more detailed information on this section you can consult these two texts:
And that is the end of both, the fascicle and the fascinating fascicles about online responsibility. With this entry we end the blogging trilogy, and, as the best dessert after a splendid meal, we hope it was a good ending. We hope that this complete three-course menu has not made you indigestible or tiresome, but rather entertaining and profitable. We were delighted to have you with us and we appreciate your interest.
*LSSICE: Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico
ALERT: This article has been translated with automatic translation software so it may contain errors and inaccuracies. You can read the original article in this link: La Responsabilidad online: Tercera entrega