ARTICLE
12 June 2012

Legal Presumption For Tracking Cookies

DB
De Brauw Blackstone Westbroek N.V.

Contributor

De Brauw Blackstone Westbroek N.V. logo

De Brauw Blackstone Westbroek is a leading international law firm, trusted by clients for over 150 years due to its deep engagement with their businesses and a clear understanding of their ambitions. While rooted in Dutch society, the firm offers global coverage through its network of top-tier law firms, ensuring seamless, tailored legal solutions. De Brauw’s independence enables it to choose the best partners while remaining a trusted, strategic advisor to clients worldwide.

The firm emphasizes long-term investment in both its client relationships and its people. De Brauw’s legal training institutes, De Brauwerij and The Brewery, cultivate diverse talent, preparing the next generation of top-tier lawyers through rigorous training and personal development. Senior leadership traditionally rises from within, maintaining the firm’s high standards and collaborative culture.

The entry into force of the legal presumption regarding tracking cookies has been postponed until 1 January 2013.
Netherlands Privacy

The entry into force of the legal presumption regarding tracking cookies has been postponed until 1 January 2013. As reported in our previous Legal Alert, this provision includes a legal presumption that tracking cookies used to analyse web surfing behaviour constitute processing of personal data, triggering applicability of the Dutch Data Protection Act (Wet bescherming persoonsgegevens) and shifting the burden of proof from the Dutch Data Protection Authority (College bescherming persoonsgegevens) to the party placing the cookies. The Minister of Economic Affairs, Agriculture and Innovation has decided to postpone the entry into force of this legal presumption to await the developments at the European level in order to gain clarity on the scope of the cookie provision in the revised Telecommunications Directive. If no workable solution is found before 31 December 2013, the legal presumption will enter into force.

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