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Dutch DPA: Guidance on cookie consent and increased inspections

Dutch DPA releases guidelines on cookie banners

The Dutch Data Protection Authority (Autoriteit Persoonsgegevens, AP) has released a new guide detailing proper practices for cookie consent banners and highlighting actions to avoid in order to prevent fines. As announced in February 2024, the dutch AP will increase the frequency of checks to ensure websites are correctly obtaining permission for tracking cookies and other tracking software.

The Dutch DPA’s guide includes a comprehensive list of do’s and don’ts for correctly displaying cookie consent banners. Key recommendations include providing clear information about the purpose of the cookies, using plain text, and ensuring all choices are presented on a single layer without hiding any options. The guide advises against using pre-ticked choice options, requiring additional clicks to make a selection, and embedding inconspicuous links within the text.

To ensure compliance and avoid potential fines, you can download our free checklistwhich offers a detailed list of best practices in a convenient format.

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