OPTA highlights: ask permission for cookies is required – update

The telecomwaakhond OPTA stresses that questions of consent is required for the placement of certain cookies. Indicate that cookies are collected, it is not enough, writes the OPTA. Many sites do not adhere to the law.

“OPTA does not see how ‘implied consent’initiatives comply with the legislation,” writes the OPTA in an account of a meeting with industry bodies. Several websites, such as that of De Telegraaf and De Volkskrant, to inform visitors via a bar at the top of the page is displayed, cookies to be placed. The OPTA writes, however, that the ‘do nothing of a webbezoeker’ does not lead to ‘a situation in which cookies are allowed to be’.

Since the beginning of June to sites to all Dutch visitors to ask permission for the placing and reading of all non-essential cookies. Under essential cookies cookies are means that, for example, be used for authentication or storage of a shopping basket on a shopping site. The Europe omnibus measure was introduced out of concerns about privacy, since many sites without the knowledge of visitors of the tracking cookies. The Dutch implementation of the EU directive is stricter than in other countries: there is inform sufficiently.

The OPTA also stresses the fact that site owners, visitors, should clearly inform about the reason that cookies are placed, as well as what information for what purpose is collected. Websites should third parties who place cookies – in practice: ad – furthermore, by name, according to the OPTA. Also important is that websites keep track in a log any visitors that give their consent.

After two months of ignoring large websites still almost all of the cookie law. According to OPTA, only one of the 25 largest websites in the law. Six of the 25 largest sites inform visitors about the fact that they are cookies, but do not ask for permission. In a tour of the largest sites in a single browser session a total of 298 cookies. According to OPTA spokeswoman Cynthia Heijne, websites are afraid that users ‘ cookies will not accept if they are users to ask for permission, and they fear that alerts the user friendliness, good will come.

According to Heijne, there is currently a ‘number of surveys’ to websites that violate the law. How many websites exactly to be investigated, remains a secret. “In some cases, websites will first tap the finger to get,” says Heijne. “In other cases, for example if parties were able to know, we put a penalty on.”

Update, 11:58: Reaction OPTA added in the last two paragraphs.