LSSI

Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico (Law 34/2002), Article 22

Flag of ES
SpainOpt-inNational
ePrivacy Directive
Back to Regulations Guide

Key Facts

Effective Date
July 11, 2002
Enacted
July 11, 2002
Enforcing Authority
AEPD (Agencia Española de Protección de Datos)
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Spain

Overview

Spain implements the ePrivacy Directive through Article 22 of the LSSI (Law 34/2002). While individual cookie fines are classified as "slight" offenses with a EUR 30,000 maximum, the per-URL penalty structure means non-compliance across multiple pages can result in significant cumulative fines. AEPD allows analytics exemptions similar to France's CNIL.

What This Means for Your Website

  • Prior consent is required before placing non-essential cookies on Spanish visitors
  • Cookie functionality must fully cease after a visitor rejects consent
  • Fines of up to EUR 30,000 apply per URL, so non-compliance across multiple pages multiplies penalties
  • AEPD allows consent-exempt analytics under specific privacy-friendly configurations
  • GDPR penalties of up to EUR 20 million or 4% of global turnover also apply

Key Requirements

AEPD enforces Article 22 of the LSSI with per-URL fines of up to EUR 30,000. The agency has specifically fined websites where cookies continued functioning after rejection. AEPD also supports an analytics exemption for privacy-friendly configurations, similar to CNIL's approach in France. The LOPDGDD (Organic Law on Data Protection) complements the LSSI for GDPR-related aspects.

How ConsentStack Handles This

ConsentStack ensures all non-essential cookies are blocked for Spanish visitors until consent is given, and fully cease functioning upon rejection. The platform's per-page compliance eliminates the risk of per-URL fines across your website.

Penalties

Up to EUR 30,000 per URL for cookie violations (classified as slight offense). GDPR penalties also apply.

Maximum Fine
€30,000 per violation

Key Requirements

  • Prior consent before placing non-essential cookies under Article 22.2
  • Clear and complete information about purposes before consent
  • Consent must meet GDPR standards
  • Cookie functionality must cease after rejection
  • Analytics potentially exempt with privacy-friendly configurations

Notable Provisions

  • Modest maximum fines (EUR 30,000) but applied per URL — multiple URLs multiply penalties
  • AEPD allows consent-exempt analytics under privacy-friendly configs
  • Active enforcement: fines for continued cookie functioning after rejection

Other ePrivacy Directive Related Regulations

FDPAFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.
TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.
SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.
Dutch Telecom ActNetherlands
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The AP launched a major enforcement sweep in April 2025, warning 50 organizations for misleading cookie banners or placing tracking cookies without consent. Cookie walls are not permitted.
Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.
Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.
LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.
Norwegian E-Com ActNorway
Norway's January 2025 amendment to Ekomloven marked a major shift from tolerating passive consent to strict opt-in. Pre-ticked boxes and browser settings are now explicitly invalid. Accept and reject options must have equal prominence. Datatilsynet sanctioned 6 websites for tracking pixel violations.
Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.
Polish Telecommunications LawPoland
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While Article 173(2) technically permits consent via browser settings, PUODO recommends active consent. Since 2019, Article 174 requires cookie consent to meet full GDPR standards.
Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.
Hungarian E-Communications ActHungary
Hungary implements the ePrivacy Directive through Section 155 of Act C of 2003. NAIH actively enforces cookie requirements with a focus on dark patterns and equal accessibility of consent options. Reject All must be equally accessible as Accept All in cookie banners.

Other Europe Regulations

GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.
PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.
ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.
FDPAFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.
UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.
TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.

Frequently Asked Questions

Does Spain allow analytics without cookie consent?

AEPD allows consent-exempt analytics under specific privacy-friendly configurations, similar to France's CNIL approach. Standard analytics tools typically still require consent.

What are the cookie penalties in Spain?

Up to EUR 30,000 per URL for cookie violations. Multiple non-compliant URLs multiply penalties. GDPR fines of up to EUR 20 million or 4% of global turnover also apply.

What happens if cookies keep working after rejection in Spain?

AEPD has specifically fined websites where cookies continued functioning after visitors rejected consent. ConsentStack ensures full cessation upon rejection.

Who enforces cookie laws in Spain?

AEPD (Agencia Española de Protección de Datos) enforces both LSSI cookie requirements and GDPR provisions in Spain.

Stay compliant with LSSI

ConsentStack helps you implement Opt-in consent for Spain automatically.

Get started free