Cookies: What They Are, How They Affect Your Privacy, and Why They Matter More Than You Think

What Cookies Are and How They Work

Cookies are small text files that websites place in your browser. Their main function is to remember information about your visit, such as language preferences, logged-in sessions, or items in a shopping cart. Without them, many website features would not work properly, and you would need to re-enter your information every time you revisit a site.

Additionally, some cookies allow websites to analyze user activity, helping improve site design or show more relevant advertising. However, issues arise when these cookies collect personal data without your consent or for unclear purposes, which can involve legal and privacy risks.

Legal Framework and Regulation in Spain and Europe

The use of cookies is not a minor matter: it is regulated by several key laws:

- LSSI-CE (Law 34/2002 on Information Society Services and Electronic Commerce): establishes information and prior consent obligations for non-essential cookies.

- GDPR (General Data Protection Regulation, EU 2016/679): protects personal data that can be collected via cookies.

- LOPDGDD (Organic Law 3/2018): adapts GDPR to the Spanish context, reinforcing user rights and website operators' obligations.

These regulations require websites to provide clear information, allow users to configure or reject cookies, and ensure the possibility of withdrawing consent at any time.

Why You Need to Be Careful with Cookies

Misusing cookies can create several risks:

- Compromised privacy: collecting personal data without consent violates the law.

- Fines: data protection authorities can sanction companies that fail to comply.

- Reputational risk: users trust companies less when their privacy is not respected.

- Exposure to third parties: collected data may be used by advertisers or third parties without user authorization.

The Timberland Case in Poland: Lessons on Cookie Use and Digital Consent

In 2024, Timberland was fined €25,000 in Poland for violating cookie and data protection regulations. The company did not clearly and fully inform users about the purposes of the cookies on its website, nor did it obtain explicit consent before activating them.

This case shows how even large companies can make common mistakes in online data management. Many websites use cookies for traffic analysis, content personalization, or advertising, but they do not always properly communicate to users what type of information is collected, for what purpose, and how long it will be stored. Lack of transparency or implied consent can lead to significant fines and damage brand reputation.

European legislation, primarily the GDPR and the ePrivacy Directive, requires users to give informed, specific, free, and explicit consent for cookies that are not strictly necessary for site functionality. This means websites must:

- Clearly explain which cookies are used and for what purpose.

- Allow users to accept or reject each category of cookies, especially analytics and advertising cookies.

- Keep a record of the consent granted by each visitor.

The Timberland case demonstrates that a generic cookie notice or assuming browsing implies acceptance is not enough. Companies must carefully review their privacy policies, implement effective cookie management tools, and ensure that consent is truly explicit and verifiable.

How to Protect Yourself and Use Cookies Safely

As a user, you can take measures to protect your privacy:

- Configure cookie preferences in your browser.

- Reject non-essential cookies, especially tracking or advertising cookies.

- Use extensions or tools that block third-party cookies.

- Review the privacy policies of the websites you visit to understand how your data is used.

For businesses and websites, it is essential to comply with regulations, provide clear information, and allow users real control over their data.

In short, cookies are a useful and everyday tool, but responsible use is key. Understanding what they are, how they work, and how they are regulated allows users to browse safely and helps companies protect their clients' privacy, avoid fines, and strengthen digital trust.