The AEPD has considered that the consent collected by Vueling by means of the "continue browsing" solution is not valid because the company does not offer users with a tool as the one described above. Therefore, the AEPD considers that the airline has infringed Article 22(2) of the Information Society Services Law ("LSSI").
The AEPD has classified the infringement as minor and has fined the company with 30,000 euros. However, since Vueling recognised having infringed the law and since the company was willing to pay promptly, the sanction has lowered to 18,000 euros.
With it’s the decision, the AEPD has confirmed that collecting consent by means of a "continue browsing" solution is still valid in compliance with certain requirements. This, despite the recent judgement of the European Union Court of Justice on cookie consent (case C-673/17 – Planet 49).