By Richard van Schaik and Róbin de Wit
Today, the amendments to the current Dutch cookies regulation in Article 11.7a Telecommunications Act (TA) entered into force.
In short, amendments provide for:
1. an additional exception to the required prior informed consent rule for the placement of cookies and similar software. This means that both cookies that are strictly necessary for the provision of an information society service (functional cookies), as well as cookies that have little or no impact on the privacy of the internet user (e.g. first party analytic cookies), do not require prior informed consent of the user. The prior informed consent- instrument is now restricted to serious privacy cases and does not apply to cases which do not infringe users’ privacy;
2. a ban on the use of cookie walls by public agencies. With this amendment, public agencies cannot refuse users who do not wish to pay for access to public services, by giving away their personal data.
For more detailed information about the new legislation, please click here.