Netherlands’ Strict New Cookie Rules Take Effect
By Gerrit-Jan Zwenne and Berend van der Eijk, of Bird & Bird LLP, The Hague.
The new Dutch cookie regime came into effect June 5, 2012, one day after its publication in the Government Gazette. The new rules introduce a stricter regime for most cookies which is based on informed consent.
It is expected that the new Dutch legislation will be stricter than the implementation of the EU requirements which has already taken place in most other EU Member States.
A summary of the new rules follows.
Strong Link Between Cookies and Privacy
The legislature has made clear that, currently, browsers are not capable of producing this consent, leaving it to websites to obtain consent. The Dutch legislator indicated that this could be different with future browsers.