A New Recipe For Cookies - (Future) Law And Practice

In the near future there will be new rules on the use of certain types of internet cookies, as a result of amendments to the Dutch Telecommunications Act. The amendments are intended to implement an EU directive and should be in force by 25 May 2011.

What are cookies?

Cookies are used to store products in an online shopping cart and to remember language (and other) preferences, as well as for behavioural advertising, i.e. the placing of targeted ads on the basis of, for example, internet surfing behaviour.

New legislation further to EU directive

In principle, the new rules will not have any consequences for the first two activities mentioned above, provided that they are carried out solely for the purpose of performing the communication or providing a requested service. However, behavioural advertising will only be permitted if clear and complete information is provided in accordance with the Dutch Personal Data Protection Act and in any event – regardless of