ARTICLE · 21 NOVEMBER 2023

Checklist For Proper Use Of Cookies - The Data Protection Authority Shares Its Expectations For A Cookie Policy

Claeys & Engels

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The Data Protection Authority has published its long-awaited stance on the use of cookies by way of a checklist. Additionally, it has also announced an update of its cookie information.

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The Data Protection Authority (BE DPA) has published its long-awaited stance on the use of cookies by way of a checklist (in French or Dutch). Additionally, it has also announced an update of its cookie information.

The BE DPA starts by emphasising that the checklist contains no new obligations. Strictly speaking, this is correct as the relevant regulations have not been changed. However, the BE DPA has now taken a specific stance regarding several issues that are subject to debate in practice.

In addition, the BE DPA also emphasises that this checklist is not exhaustive. So even if you can tick off the entire checklist, you may still be sanctioned.

It clarifies that the checklist applies to both "cookies", and other similar technologies (e.g., tracking pixels).

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