Daily DashboardEuropean Data Protection Digest

Law Requires Unambiguous Cookie Consent

PRIVACY LAW—THE NETHERLANDS

June 28, 2011

A new Internet privacy law adopted by the Dutch Parliament requires prior consent from Internet users before website operators may store cookies on users' computers. In this Daily Dashboard exclusive, Nicole Wolters Ruckert and David Korteweg of Kennedy Van Der Laan explore the implications of the new "cookie law" incorporated in the Dutch Telecommunications Act. Under the new law, Web browsers' acceptance of all cookies under standard settings is not considered a form of consent, they note. The new law "goes further than what the ePrivacy Directive required member states to do," the authors write, adding that the law is already stirring up "quite a lot of controversy in the Netherlands and abroad."
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