The Dutch Find a Lighter Touch on Internet Privacy Laws


The Netherlands takes one of the strictest approaches to online data protection, but the government has relaxed its policy on cookies following protests by consumers fed up with constantly being asked for cookie approval every time they visited a website.

The heavy-handed effort by the authorities to impose what they thought was best for their people has now been softened by a much lighter-touch regime that provides control to consumers without overburdening them with requests for consent.

It all began in June 2011, when the Dutch government incorporated article 5(3) of the European Union’s e-Privacy Directive (“the cookie law”) into its national Telecommunications Act. As of June 2012, websites were required to ask users for permission before dropping or retrieving cookies that recorded their data or browsing behavior. Websites also had to prove that users had approved the use of their data.

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