The second paragraph of article 22 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter LSSI-CE), establishes the following:
1. Service providers may use data storage and retrieval devices in terminal equipment of the recipients, provided that they have given their consent after being provided with clear and complete information on their use, in particular, On the purposes of the processing of the data, in accordance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data. When technically possible and effective, the consent of the recipient to accept the processing of the data may be facilitated by the use of the appropriate parameters of the browser or other applications, provided that it must proceed to its configuration during its installation or update by means of an action To this effect. The foregoing shall not prevent the possible storage or access of a technical nature for the sole purpose of effecting the transmission of a communication by an electronic communications network or, to the extent strictly necessary, for the provision of an Information Society service Expressly requested by the recipient.
The cookies used for any of the following purposes are excepted from the fulfillment of the obligations established in article 22.2 of the LSSI-CE:
- Only allow communication between the user's computer and the network.
- Strictly provide a service expressly requested by the user.