Spain: Issued AEPD fine against Motorsport Network concerning cookie practices (PS/00507/2023)

On 14 May 2024, the Spanish Data Protection Agency (AEPD) issued its ruling in the investigation into Motorsport Network. The AEPD noted that Motorsport Network's website required users to either accept cookies for free access or subscribe for a fee to use the website without cookies. During the investigation, the AEPD determined that upon initial website access, Motorsport Network deployed non-technical cookies without user consent, a practice that requires explicit approval under the ePrivacy Directive. The website presented a misleading cookie banner offering two choices: accept cookies for free access or manage preferences. All cookies appeared "off" except for analytics. However, any choice other than full acceptance resulted in the continued use of initial cookies. Furthermore, turning cookies "off" still defaulted to full acceptance or required a paid subscription. On 18 December 2023, the AEPD initiated sanction proceedings against the controller for these violations. The AEPD determined that the use of non-technical cookies without the requisite consent and the inability to effectively decline or revoke consent contravened Article 22(2) of the Law of Services of the Information Society and Electronic Commerce (LSSI). The violations were classified as minor infractions under Article 38(4) LSSI, resulting in a EUR 5'000 fine against Motorsport Network.