Dutch Senate Finally Adopts New Rules On Cookies, Net Neutrality And Data Security Breach Notifications

On 8 May 2012, the Senate adopted a much anticipated bill which amends the Dutch Telecommunications Act (Telecommunicatiewet), and implements the revised EU Directives regarding the revised European Telecommunications Framework.¹ The approval puts an end to a fierce and long-drawn-out debate about e-privacy and end-user rights. In addition to a one-on-one implementation of the EU Directives, the amendment also introduces more stringent rules, especially for the Netherlands (as compared to other EU countries), as regards cookies and net neutrality.

The most important topics of the legislative changes to the amended Dutch Telecommunications Act are the new cookies regulation, the rules on net neutrality and the notification obligation for data leaks and data security breaches. These rules will enter into force as soon as the amended Act is published in the Government Gazette.