An organisation is only allowed to place tracking cookies on your device (such as your computer, laptop, smartphone or tablet) if you have been informed about this. And you have given consent for this.
The organisation that wants to place tracking cookies must provide information in advance about:
- which cookies are used;
- which personal data of you are processed;
- what happens with these data;
- how long these cookies will be retained or stay on your device.
The information about cookies must be displayed before you give or refuse consent for placing cookies. This can be done, for example, with an information bar and buttons (cookie banner) using which you can indicate whether you accept or refuse the tracking cookies.
It is not enough if the organisation merely refers to, for example, the general terms and conditions or a privacy statement.
No valid consent
In the following examples, there is no valid consent:
- Websites stating that they assume that you have given consent when you continue to use the site (continue scrolling or swiping) after an information bar has been displayed. In such case, the information bar says, for example: 'By continuing to use this website you agree to placing tracking cookies' Or: 'By clicking an article from the newsletter we assume that you give consent'.
- Standard settings where all categories of cookies have been pre-checked.
- Websites that you can only visit if you give consent for placing tracking cookies. Under the privacy legislation, a cookiewall is prohibited.