Van Kaam advocaten


IP, media and privacy law are constantly moving. Its boundaries are challenged daily. What's allowed and what's not. Herein lies the core of our work. Work that keeps challenging and inspiring us.

filter on category:

New cookie provisions in force


The new cookie provisions entered into force with the official publication in the Official State Journal on the 10th of March. The new provisions are designed to solve the ongoing problems and nuisances caused by the previous cookie rules (in force since 2012). Internet users are still redundantly confronted by pop-ups, banners and cookie-walls while their privacy is not or barely at stake.

Under the amended article 11.7a of the Dutch Telecommunications Act (Tw) prior consent is no longer a condition for the use of cookies which are used to collect statistics about the quality and effectiveness of a website (and therefore have a limited impact on the privacy of end users). For example analytical cookies which are primarily used to monitor the quality and services of a website. And also, the so called A/B Testing cookies and affiliate cookies that are used in order to generate information about advertising respectively affiliates.


Company’s and website owners need to determine whether their cookies have the aforementioned 'limited impact' on the privacy of their end users and/or subscribers. Nevertheless the obligation of prior consent still applies to cookies used for generating a profile or tracing end users (tracking cookies). Moreover the new rules do not affect the applicability of the Dutch Data Protection Act (Wbp). Cookies that collect personal data still have to comply with the rules of the Wbp. There must be a sufficient basis for processing data, such as an unambiguous and informed consent by the end user or a legitimate interest for processing personal data.


The Authority for Consumers & Markets (ACM) announced they will actively enforce the new cookie rules. Moreover the ACM published a useful document on frequently asked questions with regard to the new rules on cookies. U can refer to this document (in Dutch) here.


Also read our publication: A privacy friendly way to use Google Analytics