Organisations’ Clarity on Cookie Banners: Compliance Check Needed

The Dutch Data Protection Authority (DPA) has recently provided more clarity on the use of cookies and similar techniques, giving organisations a better understanding of the content and layout of cookie banners. However, while organisations now have more guidance on how to design their cookie banners, they need to ensure their compliance with the rules set out by the DPA.

The Dutch DPA has made it clear that a “reject all” button is mandatory when using tracking cookies and has specified the information that must be shown in the first and second layer of a cookie banner. These rules apply to all websites of Dutch companies as well as those targeting the Dutch market.

To ensure compliance, the Dutch DPA has announced plans to intensify its oversight of the use of cookies, with a significant increase in its budget for the coming years. Between 2024 and 2026, the DPA will receive an additional €500,000 per year for additional supervision on cookies and online tracking.

The DPA’s crackdown on misleading cookie banners aims to protect individuals’ privacy rights and ensure organisations comply with legal requirements. The authority has also provided new guidance on its website, outlining how organisations should design cookie banners and obtain cookie consent in a transparent and lawful manner.

Organisations are advised to follow the nine principles highlighted by the Dutch DPA for creating a legally compliant cookie banner, such as providing clear information about the purpose of the cookie and not pre-selecting checkboxes. The DPA also clarifies that the requirements for cookie banners apply to other similar techniques, such as tracking pixels and web beacons.

With the Dutch DPA actively checking for compliance, organisations must ensure their cookie banners meet the necessary requirements to avoid enforcement measures. By staying informed and making any necessary adjustments, organisations can reduce the risk of facing penalties from the authority.