The European Data Protection Board issues a breakthrough Guidelines on constent.
At least for Spain, where the implicit consent of the user for the storage of cookies was recognized when scrolling or swiping through the website domain. The new guidelines discuss, among other things:
As a more interesting issue, contrary to what the AEPD says, the Guidelines say that in no case can “scrolling or swiping” within a web domain be understood as valid consent given by the user, (it does not satisfy the requirement of a clear and affirmative action) regardless of the fact that the latter has been given all the relevant information, which information society service providers are obliged to give. Therefore, it is impossible to obtain consent through this practice.
It also reaffirms its position on the prohibition of so-called “cookie walls”.