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Consent for tracking cookies must be free, specific, and unambiguous. A cookie wall — no access unless you agree — does not constitute valid consent, and neither do pre-ticked boxes. The Dutch Data Protection Authority enforces this.
When is cookie consent valid?
For tracking cookies that monitor browsing behavior, you require prior consent. This consent is only valid if the visitor is free to choose, knows what they are consenting to, and performs an active action to do so. Refusing must be just as easy as accepting.
The cookie wall is not allowed
With a cookie wall, the visitor is only granted access if they accept the cookies. Because a refusal then has adverse consequences, the consent is not free and is therefore invalid. The same applies to pre-ticked consent boxes.
What is necessary?
Give visitors a real choice: a button to accept and to decline, with a clear explanation of which cookies you place and why. You may place functional and strictly necessary cookies without consent; this is not required for tracking and marketing cookies.
Why this is important
The Dutch Data Protection Authority actively monitors cookie usage and can impose fines. Moreover, an incorrect cookie banner is visible to every visitor. A correct approach prevents both enforcement and reputational damage.
Frequently Asked Questions
May I use a cookie wall?
No. Making access conditional on consent renders that consent restrictive and therefore invalid under the GDPR.
Which cookies am I allowed to place without permission?
Functional and strictly necessary cookies, and analytical cookies that have minimal privacy impact. You need consent for tracking and marketing cookies.
Should refusing be just as easy as accepting?
Yes. A banner where acceptance is possible with one click, but refusal is hidden, does not meet the requirement of free consent.
Are your cookie banner and privacy in order?
Our legal experts review your cookie consent and privacy statement, or perform a privacy scan. View our privacyteam or schedule a free consultation.
