Sites and online stores
GDPR for websites in Spain
Practical guide to comply with GDPR on your website and avoid fines of up to 20 million euros.
The General Data Protection Regulation (GDPR) requires all websites that process data of European citizens to implement strict security measures. At SEO7ES, with 8 years of experience in Valencia, we help you implement privacy policies, cookies and consent. Compliance not only avoids fines, but builds trust with your customers.
- Clear Privacy Policy
- Write a policy that informs about what data you collect, why and for how long, in simple language.
- Cookie Management
- Implement a cookie banner with prior consent and the possibility to reject all, according to the AEPD guide.
- SSL/TLS Encryption
- Install an SSL certificate to encrypt communication between the browser and your server, protecting sensitive data.
- Activity Record
- Keep a record of all processing activities, mandatory for companies with more than 250 employees or that process high-risk data.
To comply with GDPR on your Spanish website, you must: 1) Have an accessible privacy policy, 2) A cookie banner with granular consent, 3) SSL/TLS encryption, 4) Forms with explicit acceptance checkboxes, 5) Right of access, rectification and erasure (ARS) easy to exercise. Penalties can reach 20 million euros or 4% of annual turnover. At SEO7ES we advise you from Valencia for all of Spain.
In this guide we break down the key GDPR requirements for Spanish websites. We answer the most frequently asked questions: what does the law say? How to obtain consent? What happens if I don't comply? We include a table with penalties according to severity, practical steps to adapt your website and a quote from the AEPD on the importance of data protection. At the end, a summary and an FAQ with 13 essential questions. All designed so you can apply the measures right away, whether your business is in Valencia or anywhere in Spain.
What does the GDPR say about data security on websites?
Key GDPR obligations for websites
The General Data Protection Regulation (GDPR) establishes that any website that collects personal data from EU citizens must comply with a series of principles: lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality. In practice, this means you must clearly inform the user about what data you collect and why, obtain their explicit consent (silence or pre-ticked boxes are not valid), allow them to withdraw consent at any time, and guarantee data security through technical and organizational measures. In addition, you must address the ARS rights (access, rectification, erasure), as well as the rights to restriction, portability and objection. For Spanish websites, the Spanish Data Protection Agency (AEPD) is the supervisory authority and has published specific guides on cookies, privacy policies and breach notification.
- 1Identify all personal data collected by your website (forms, cookies, analytics).
- 2Draft a privacy policy that complies with Article 13 of the GDPR.
- 3Implement a cookie banner that allows acceptance, rejection and configuration by categories.
- 4Add unchecked checkboxes in contact and subscription forms.
- 5Install an SSL/TLS certificate to encrypt the connection.
- 6Establish a procedure to handle ARS rights requests within a maximum of 30 days.
- 7Conduct a risk analysis and document the security measures applied.
- 8Periodically review AEPD updates and adapt your website to regulatory changes.
What are the penalties for not complying with the GDPR in Spain?
Fines and consequences of non-compliance
The GDPR establishes a tiered penalty system. Infringements are classified into two levels: minor (such as not informing properly) can result in fines of up to 10 million euros or 2% of the total worldwide annual turnover, whichever is higher. Serious (such as processing data without consent or not addressing user rights) can reach 20 million euros or 4% of the total worldwide annual turnover. In Spain, the AEPD is responsible for imposing penalties, and its activity has increased in recent years. For example, in 2023 it fined several companies for non-compliance with cookie regulations. In addition to fines, non-compliance can damage your brand's reputation and generate distrust among your customers. Therefore, it is crucial to invest in compliance from the start.
| Type of infringement | Maximum fine | Example | Legal reference |
|---|---|---|---|
| Minor | €10 million or 2% turnover | Not informing about cookie use | Art. 83.4 GDPR |
| Serious | €20 million or 4% turnover | Processing data without consent | Art. 83.5 GDPR |
| Very serious | €20 million or 4% turnover | Illegal international transfers | Art. 83.5 GDPR |
How to implement cookie consent according to the AEPD?
Practical guide for the cookie banner
The Spanish Data Protection Agency (AEPD) updated its guide on the use of cookies in 2023. According to this guide, consent must be: free, specific, informed and unambiguous. This implies that the banner must appear before any non-essential cookie is loaded, must offer clear options to accept, reject and configure, and cannot use designs that induce the user to accept (for example, a large 'Accept' button and a small 'Reject' button). In addition, the user must be able to withdraw consent as easily as they gave it. Technical cookies (necessary for the functioning of the website) are exempt from consent. For analytics and advertising cookies, prior consent is required. We recommend using a consent management platform (CMP) that meets the AEPD requirements, such as Cookiebot or OneTrust, and periodically check that the banner works correctly.
«A consent banner works only when refusing is as easy as accepting. If the reject button hides on a second screen you do not have consent, you have an imitation of it, and a regulator sees that immediately.»
Summary
In short: keys to GDPR security for your website
Complying with the GDPR on your Spanish website is mandatory and avoids fines of up to 20 million euros. You must clearly inform about data processing, obtain explicit consent for non-technical cookies, encrypt communication with SSL, address ARS rights and maintain an activity record. The AEPD is the supervisory authority in Spain and publishes updated guides. Implementing these measures not only protects you legally, but also builds trust with your customers. At SEO7ES, with 8 years of experience and based in Valencia, we help you adapt your website to the GDPR, with response within 24-48 hours and support in 3 languages. Do not leave your data security to chance.
Questions and answers
What is the GDPR?
The General Data Protection Regulation is a European regulation that governs the processing of personal data of EU citizens.
Who does the GDPR apply to?
Any organization that processes data of European citizens, regardless of where it is located.
Do I need a cookie banner?
Yes, if your website uses non-technical cookies (analytics, advertising). You must inform and obtain prior consent.
What are technical cookies?
They are necessary for the functioning of the website (e.g., session, image loading). They do not require consent.
How to write a privacy policy?
It must include: data controller, purpose, legal basis, retention period, user rights and contact information.
What rights do I have as a user?
Access, rectification, erasure, restriction, portability, objection and not to be subject to automated decisions.
What is a data breach?
It is an incident that compromises the confidentiality, integrity or availability of personal data.
Do I need to notify a breach to the AEPD?
Yes, within 72 hours of becoming aware, unless it is unlikely to affect rights.
What penalties does the AEPD impose?
Fines of up to 20 million euros or 4% of annual turnover, depending on severity.
How to obtain valid consent?
It must be free, specific, informed and unambiguous. Pre-ticked boxes or silence are not valid.
What is a DPO?
It is the Data Protection Officer, a mandatory figure in certain cases (e.g., public administrations, large companies).
Can I use Google Analytics?
Yes, but you must inform and obtain consent, and sign a data processing agreement with Google.
How does SEO7ES help with the GDPR?
We offer advice, technical implementation of cookies, privacy policies and training, with response within 24-48h.
Which five GDPR requirements are mandatory for a Spanish website?
An accessible privacy policy, a cookie banner with detailed consent, SSL/TLS encryption, forms with explicit consent checkboxes, and the user's right to access and delete their data.
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