MKB Juristen drafts custom legal documents
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What are cookies?
Cookies are small text files that are placed on the visitor's device. They allow a website to distinguish users, remember preferences, or track browsing behavior. Not every cookie is the same, and this determines what you need to arrange legally.
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You may place functional and strictly necessary cookies (for example, for a shopping cart) without consent. This often also applies to analytical cookies under certain conditions, provided they have minimal privacy implications. For tracking and marketing cookies, which monitor behavior, you always require prior consent.
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Consent must be free, specific, informed, and given by means of an active action. A cookie wall (no access unless you accept) and pre-ticked boxes are not valid. Decline must be just as simple as accept.
What do you need to arrange?
Ensure you have a correct cookie banner with an accept and decline button, a clear cookie statement explaining which cookies you use and why, and only place tracking cookies after obtaining consent. This way, you comply with the GDPR and the Telecommunications Act.
Frequently Asked Questions
Do I need permission for all cookies?
No. Functional and strictly necessary cookies may be used without consent; consent is required for tracking and marketing cookies.
May I use a cookie wall?
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What risks do I face with incorrect cookie usage?
The Dutch Data Protection Authority enforces this and can impose fines. Moreover, an incorrect banner is visible to every visitor.
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Our legal experts review your cookie banner and privacy statement, or perform a privacy scan. View our privacyteam or schedule a free consultation.
