Often, your website or application will use cookies, beacons or some other technology designed to help you store or read your users’ data. Most likely you will have different types of cookies for different purposes, as well as different cookies for different types of user settings and for the different devices on which your customers use your service. This being the case, you may find it quite a challenge to properly satisfy the cookie requirements of the Telecommunications Act for each type of cookie.

The cookie compliance challenge

Cookie law compliance is becoming more challenging every year. It seems that legislators and supervisory authorities are constantly expanding the scope of cookie law, which is increasingly causing confusion, even for organisations which make a great effort to comply with cookie law. After all, how are you supposed to know whether a new technology is subject to cookie law? And if this is the case, how do you determine in which category it falls? Are you supposed to ask your customers for permission to store or read their data? And are you supposed to offer your customers an option?

If you do not (sufficiently) comply with cookie legislation, you may receive a considerable fine. If you ask your customers’ permission too often, “annoying cookie pop-ups” will result in a lower conversion rate. The question is therefore how to find the right balance. Considerati is an expert in this field.

Among other things, Considerati’s cookie law compliance services include identifying the types of cookies you use and categorising them according to the categories mentioned in the Telecommunications Act. Furthermore, they include identifying the requirements arising from the Act for each type of cookie, and how your cookie usage relates to the Personal Data Protection Act. Furthermore, Considerati will advise you on how to design and phrase your request for permission to use cookies.

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Martine Wubben

Senior Legal Consultant