Cookie Law
Also called: cookie provision
New legislation came into force in 2012 which, based on European directives, requires that websites may only use cookies if the visitor has given explicit permission. As a result of this legislation, cookies fall under the Privacy Act as personal data.
The main goal is to prevent unsolicited profile building around Internet users. Visitors have the right to remain anonymous, without being tracked for marketing purposes.
Cookie legislation is not uncontroversial because of its implications for Web sites and visitors.
The EU directive regarding cookies requires that they can only be placed with the user's consent. Most member states have interpreted this in their legislation as "implied consent," so websites must inform their visitors about how they use cookies and offer the option to disable them. Thus, people should have the choice of whether or not they want to be able to be tracked across the Web.
In the Netherlands, the rules surrounding the use of cookies are part of the Telecommunications Act. Thus, despite the commonly used term cookie law, there is no special law just for cookies. Article 11.7a of this law is known as the cookie provision. The article also refers to the Personal Data Protection Act.
However, the way in which the directive has been implemented in the Netherlands means that the use of cookies is actually prohibited as long as the visitor has not given permission. Incidentally, a distinction is still made between 'technical cookies' and 'general cookies', whereby permission is not required for a technical cookie for registering a shopping cart, for example.
For many Web sites, the cookie law has major implications. They use cookies, among other things, for web analytics. Without cookies, it is virtually impossible to distinguish unique visitors and analyze visitor behavior to improve the website. Online advertisements also often use cookies.
Enforcement of the cookie law is in the hands of the Authority Consumer & Market (ACM, formerly OPTA), which can impose fines for violations.
Cookie Wall
Many websites have therefore erected a so-called cookie wall in response to the cookie law. Visitors will only be able to access the website after they have given permission for cookies to be placed. Obviously, this will cause some of the visitors to leave the website, but at least the existing business operations on the website can continue as usual. In the meantime, these cookie walls do pose a major annoyance to Internet users.
In early 2013, it was announced that politicians intend to broaden the cookie law. The explicit prior consent would then only be necessary for 'third party cookies'. In other words, cookies from a different sender than the website one visits. It is not yet clear to what extent this amendment will provide relief for web analysis and online advertisements.
