Clear and misleading cookie banners
Cookies and your organisation: make sure you have a good cookie policy in place
This is how the AP monitors the use of cookies
How do I protect my privacy against cookies?
What you can do to protect your privacy when cookies are used
When are organisations allowed to place tracking cookies on my computer?
An organisation is only allowed to place tracking cookies on your device (such as your computer, laptop, smartphone or tablet) if you have been informed about this. And you have given your consent for placing such cookies.
The organisation that wants to place tracking cookies must give advance information about:
- which cookies are used;
- which of your personal data are processed;
- what happens with these data;
- how long these cookies are retained or stay on your device.
The information about cookies must be displayed before you give or refuse consent for placing cookies. This may be done, for example, with an information bar and buttons (cookie banner) with which you can indicate whether you accept or refuse the tracking cookies.
It is not enough if the organisation merely refers to, for example, the general terms and conditions or a privacy statement.
No valid consent
There is no valid consent in the following examples:
- Websites that state that they assume your consent if you continue using the site (keep scrolling or swiping) after an information bar has been displayed. The information bar then says, for example: 'By continuing to use this website, you agree to the placing of tracking cookies' Or: 'We assume your consent when you click on an article from a newsletter'.
- Standard settings where all categories of cookies have already been checked.
- Websites that you can only visit if you consent to placing tracking cookies. According to the privacy law, a cookiewall is usually forbidden.
Tracking cookies
Coolblue fined for unsolicited use of cookies
Daisy (32) felt spied on by online advertisements
Where can I turn to if I have a question or complaint about cookies?
Do you have questions about cookies on a specific website or app? Contact the owner of the website or app first. Are the cookies placed by a third party? Then you can also contact this organisation. The owner of the website and the third party are obliged to give you information.
Do you have a complaint about cookies and how your personal data are processed? And does the website owner not respond? Or are you not satisfied with the response? Then you can submit a complaint to the Dutch DPA.
Is a website or an app allowed to refuse me access if I do not accept tracking cookies?
No. You must be able to use the website or the app normally, even if you do not give consent for placing (tracking) cookies.
A website is usually not allowed to use a cookiewall. If a cookie wall is used, you will be denied access to the website or app if you refuse the tracking cookies.