The Upper House of the Dutch Parliament approved the amended Dutch Telecommunications Act on May 8, pursuant to an EU wide directive – the Cookie Amendment – on the topic.
The amendment requires anybody who wants to apply cookies (or who uses device fingerprinting on user-devices such as computers, tablets or smartphones and digital television) to provide users with clear and unambiguous information about the purposes for which the cookies (or device fingerprinting) are placed. In addition, cookies may only be placed or accessed after obtaining the prior and explicit consent of the user.
Under Dutch law, the burden of proof has shifted from the Dutch Data Protection Authority to the party placing the tracking cookie to prove that the tracking cookie does NOT process personal data.
The Dutch Parliament is currently considering a further amendment which, if passed, will defer the entry into force of this shift in the burden of proof to December 31, 2012. We will keep you informed.
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