The entry into force of the legal presumption regarding tracking cookies has been postponed until 1 January 2013. As reported in our previous Legal Alert, this provision includes a legal presumption that tracking cookies used to analyse web surfing behaviour constitute processing of personal data, triggering applicability of the Dutch Data Protection Act (Wet bescherming persoonsgegevens) and shifting the burden of proof from the Dutch Data Protection Authority (College bescherming persoonsgegevens) to the party placing the cookies. The Minister of Economic Affairs, Agriculture and Innovation has decided to postpone the entry into force of this legal presumption to await the developments at the European level in order to gain clarity on the scope of the cookie provision in the revised Telecommunications Directive. If no workable solution is found before 31 December 2013, the legal presumption will enter into force.
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