19 December 2020
But the new rules require that opt-in consent must be obtained prior to any cookies that are not strictly necessary for the essential functioning of the website or mobile app being stored on a device of a Dutch user.
Cookies are very small text-based files that get stored on a user's PC after the user visits to web sites that are using cookies.
These files are commonly used and play a role in telling a website how to interact with that particular browser during future visits to the website.
Cookies can enhance user experience on a website by allowing to bypass a login screen (the remember me next time functionality), personal preferences, and other data so that each time a user visits the same website, that information doesn't have to continually be re-entered.
Recently, Netherlands' strict general opt-in consent requirement was lifted and exceptions were changed.
A link should be provided to a page with detailed information about what cookies are placed on their devices and what the purpose is for each cookie.
This notice can be given through a variety of methods.
Linking to the "Cookies Policy"
This is a good example for a business that requires users to have an account to participate on the web site and/or mobile app: provide notice and obtain consent for using cookies.
Footer information pop-ups
Many web sites display a pop-up with a link to their Cookies Policy to users during their first visit to the web site.
This is another good example to let users know that by proceeding further into the web site (visiting another page and so on), cookies will be used.
While this is more of a passive consent, it still gives users the option to quickly find out more information about this by clicking on the linked Cookies Policy.
A user can then always opt to change its browser's settings to not allow cookies if something in the presented Cookies Policy is questionable, or exit the web site.
Header information pop-ups
Similar to the footer pop-up method is the header pop-up.
This is more prominently noticed by users than the footer pop-ups because we tend to view the top of the web site first.
Good Food uses a header pop-up where the user has to actively close the notification box to have it removed from its view.
This is another good example of notification because it means that you can infer consent if the user closes the window and continues to remain on your website.
Large banners - active acceptance
This ensures that users of your website or mobile app won't miss your message.
The example below from Thomas Cook has included the word "Accept" in the button used to exit the cookies notification box.
This is a good example to obtain consent from users that they are OK with cookies being placed on their devices.
Their cookies section tells users what cookies are, what they are used for, and gives tips on how to change settings by going to "internet options" in a browser.
Disclosing this in your current agreement or through a separate Cookies Policy to your users will help inform them and make it clear that cookies are not being used by your web site or mobile app for any other purposes other than what you include here.
Integral Ad Science didn't forget to inform its users about cookies, but cookies aren't used by this web site.
If the cookies placed on your web site or mobile app function beyond just authenticating a user, you must provide detailed information and actual notice to a user that cookies will be placed in order to comply with the EU Cookies law.
This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.