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Newsflash Intellectual Property June 2012

The Dutch Cookie Monster

On June 5, 2012 new Dutch legislation on the use of cookies entered into force. This new regime, which introduces a requirement for informed consent based on an opt-in system, has major implications for online advertising companies focusing on Dutch customers. To implement Directive 2009/136/EC [ePrivacy Directive], the law regarding cookies in The Netherlands has now been revised to include a consent that should be given explicitly by the internet-user in cases of "third party" and "tracking cookies". The same requirement of explicit consent applies should a provider want to place cookies for online behavioural advertising purposes.

Source/author: Newsflash Intellectual Property June 2012 - Sil Kingma

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