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Internet and smart devices

Many personal data, from cookie to video and from algorithm to smartwatch, are processed online. What are the rules here?

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Jaarverslag AP 2020: persoonsgegevens tijdens crisis beschermd

… organisaties hun gebruik van cookiewalls & tracking cookies en werkte de AP mee aan onderzoeken van andere …
Nieuwsbericht
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Privacyverklaring AP

… waaronder KVK-nummer; handtekening;  informatie uit cookies en soortgelijke technieken. Welke persoonsgegevens …
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European privacy authorities issue opinion on the ePrivacy regulation

… limited to interference by third parties or be limited to cookies. The Working Party strongly recommends to make …
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Dutch DPA’s 2019 annual report: more focus on enforcement

… in 2018. These covered a range of areas, including tracking cookies and unwanted advertising targeting self-employed …
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Quick answer

Which information should be on the first layer of my cookie banner?

Certain information should be immediately visible in your cookie banner. It must be clear as to who processes the personal data and for what purpose or purposes. This is the information that you put on the ‘first layer’ of your cookie banner. In this way, your website visitor knows what the consent is intended for. 

Other information may be placed on a second (or lower) layer. Of course, this does not change the fact that you must offer all information in a distinct manner.

Quick answer

How does withdrawal of consent work with cookie banners?

Do you use a cookie banner for asking consent for processing the personal data of your website visitors? Do not forget that your website visitors must also be able to withdraw their consent. 

Withdrawing consent must be possible at any time. It must be just as easy as giving consent. You are not allowed to require a user to pay money for this. In addition, the withdrawal of consent should not have any negative consequences for your website visitors. 

You must give your website visitors information about how they can withdraw consent before they give it. This can be achieved by including a brief explanation in the cookie banner, with a button or a link. Make sure that there is always another way in which people can easily find the place where they can withdraw their consent. 

Does it (also) concern consent for the processing of personal data by third parties? Then you also have to inform these third parties that someone has withdrawn the consent. 

Also read the Dutch DPA's standard explanation about withdrawing consent with cookie banners (in Dutch).

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