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Is my website allowed to place cookies without permission?

Your website may not simply place cookies without permission. For most cookies — especially tracking and marketing cookies — you must first inform the visitor and ask for consent. Only functional and strictly necessary cookies are of...

Published on July 28, 2022 by MKBjuristen.nl
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Your website may not simply place cookies without permission. For most cookies — especially tracking and marketing cookies — you must first inform the visitor and ask for consent. Only functional and strictly necessary cookies are exempt from this consent.

The basic principle: asking for permission

In principle, you may not place cookies without clearly informing the visitor and asking for their consent. This certainly applies to cookies that track browsing behavior or are used for marketing. Consent must be free, specific, and given by an active action; pre-ticked boxes and cookie walls do not suffice.

The exception: functional and necessary cookies

You do not need to ask for permission for functional and strictly necessary cookies. Examples include cookies that remember a shopping cart, enable logging in, or save a language choice. These are necessary for the website to function and have minimal impact on privacy.

And analytical cookies?

For analytical cookies that have little impact on privacy, an exception also applies under certain conditions, provided you configure the analysis in a privacy-friendly manner. For analytics that have more impact, or that share data with third parties, consent remains required. Assess this on a case-by-case basis.

What do you need to arrange?

Ensure you have a correct cookie banner with both an accept and a decline button, only place cookies requiring consent after obtaining consent, and explain in a clear cookie statement which cookies you use and why. This way, you comply with the GDPR and the Telecommunications Act and avoid enforcement action.

Frequently Asked Questions

Am I allowed to place cookies without permission?

Only functional and strictly necessary cookies, and under certain conditions, privacy-friendly analytical cookies. Consent is required for tracking and marketing cookies.

Is a cookie wall allowed?

No. Making access conditional on consent renders that consent restrictive and therefore invalid.

What should be in my cookie statement?

Which cookies you place, for what purpose, how long they remain, and with whom you share data.

Are your cookies and privacy in order?

Our legal experts review your cookie banner and privacy statement via a privacy scan. View our privacyteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

Drafting, reviewing, and amending contracts
Legal Assistance Help with conflicts and disputes.
Expertise Specialist legal experts and lawyers.
Fixed rates. Clarity on costs in advance.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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