Cookies
Cookies are small files that the owner of a website places on the device of a visitor. For example on a computer, laptop, smartphone or tablet. This enables the owner to collect or store information about the website visit or about (the device of) the visitor.
On this page
There are 3 types of cookies:
- functional cookies;
- analytical cookies;
- tracking cookies.
Dutch Telecommunications Act
Statutory rules apply for the use of cookies. In the first place, these are rules from the Dutch Telecommunications Act (Tw). The Netherlands Authority for Consumers and Markets (ACM) provides an explanation about the statutory requirements.
Cookies and personal data
Do you, as an organisation, use tracking cookies or comparable techniques? Then you may assume that you process personal data. With some functional and limited analytical cookies, you also process personal data. In that case, you must also meet the requirements of the General Data Protection Regulation (GDPR).
Then you will have to ensure, among other things, that you ask your website visitors for consent in the correct manner, namely by means of a clear cookie banner. Someone who refuses cookies may not experience adverse consequences as a result of such refusal. A cookiewall is therefore not allowed.
Quick answers
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 consent for this.
The organisation that wants to place tracking cookies must provide information in advance about:
- which cookies are used;
- which personal data of you are processed;
- what happens with these data;
- how long these cookies will be retained or stay on your device.
The information about cookies must be displayed before you give or refuse consent for placing cookies. This can be done, for example, with an information bar and buttons (cookie banner) using 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
In the following examples, there is no valid consent:
- Websites stating that they assume that you have given consent when you continue to use the site (continue scrolling or swiping) after an information bar has been displayed. In such case, the information bar says, for example: 'By continuing to use this website you agree to placing tracking cookies' Or: 'By clicking an article from the newsletter we assume that you give consent'.
- Standard settings where all categories of cookies have been pre-checked.
- Websites that you can only visit if you give consent for placing tracking cookies. Under the privacy legislation, a cookiewall is prohibited.
Can a website or an app refuse to give me access if I do not accept tracking cookies?
No. You must be given the option to refuse tracking cookies. Without this having adverse consequences for you.
That is why a website is not allowed to use a cookiewall. If a cookiewall is used, you will be denied access to a website or an app if you refuse the tracking cookies. This is not permitted.
Whom can I turn to if I have a question or complaint about cookies?
First contact the owner of the website concerned. Are these cookies placed by a third party? Then you can also approach this third party. The owner of the website and the third party are both obliged to give you information.
For general information and/or complaints about cookies, you can contact the Netherlands Authority for Consumers and Markets (ACM).
Do you have a complaint about (tracking) cookies and how they are used for processing your personal data? And does the website owner not respond, or are you not satisfied with the response? Then you can submit a complaint to the Dutch Data Protection Authority.
