Is a Cookie Notification Required?
17 May 2024Cookies are useful! They help keep visitors logged in and remember personal site preferences. This keeps items in the shopping cart and displays the website in the preferred language. As a website owner, you can use cookies to improve your site, respond to visitor needs, and offer a better user experience. But are you required to ask for consent, or is notification enough?
What Types of Cookies Are There?
When a website sends a cookie from the domain you’re currently visiting, it’s called a first-party cookie. If the domain is different, it’s a third-party cookie.
Cookies are divided into three types: functional, analytical, and tracking.
Functional Cookies
These cookies improve the usability of the website. They’re often essential for the site to function properly—such as for login, shopping cart, and visitor language or country preferences.
Analytical Cookies
These cookies store statistical data—like how visitors navigate the site, where they’re from, and whether they use mobile or desktop. This helps optimize the site for users.
Tracking Cookies
These cookies build visitor profiles. They allow for personalized versions of the site and track behavior across the internet—not just your site. This enables targeted ads.
Notification Requirement
The Dutch Telecommunications Act requires all website owners to inform visitors about cookie usage, purpose, and retention period. For example, what types of cookies are used, their purpose, and whether third parties have access to the data collected. This is typically done in a privacy statement or cookie policy.
Functional Cookies: No Consent Needed
If the website only uses functional cookies, consent is not required. These cookies are necessary for the site to work or for services requested by the visitor—like remembering a password or shopping cart contents.
Analytical Cookies: Consent (Usually) Not Needed
If cookies are used to assess site quality or effectiveness and don’t significantly impact privacy, consent isn’t required. For example, tracking how a visitor navigates your site. However, you may not use this data to build a profile of the visitor’s internet behavior.
Tracking Cookies: Consent Required
If the site uses tracking cookies, visitors must give consent. These cookies impact privacy by tracking behavior and enabling targeted ads (on other sites).
Data Processing Agreement
If you work with companies that place cookies via your site (e.g., Facebook, Google, Hotjar), you need a data processing agreement.
If cookies also process personal data, the GDPR applies. Read more on the Dutch government website.
Finally, a Word of Caution
We are not lawyers—this article is for informational purposes only. For legal details on cookies and regulations, visit this website.