Cookies, Online Tracking and Direct Marketing
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Are there specific requirements for the use of cookies and other online tracking technologies?

Last reviewed: January 2025

Yes.

The Belgian Data Protection Act applies to the use of cookies. In most cases where websites use cookies, this Act requires the prior and informed consent of visitors, unless only essential cookies are used (Art. 10/2).

This consent must be specific to the different purposes pursued. Consent must be obtained prior to any processing relating to cookies: creation, storage, communication, etc.

For consent to meet the legal requirements, it must be the expression of the indication of the individual's wish, given by an affirmative action such as checking a box.

The controller must give users the opportunity to withdraw consent in a simple and free manner.

The Belgian Data Protection Authority released a "Cookie Checklist" in October 2023 summarizing good and bad cookie practices (available in French and Dutch).

Are there specific requirements related to the use of personal data for direct marketing activities?

Last reviewed: January 2025

Yes.

         email marketing

☒         prior opt-in consent

☒         prior existing business relationship (and subject to other requirements) with opt-out consent

         telephone marketing

☒         opt-out or implied consent

         SMS/text message marketing

☒         prior opt-in consent

☒         prior existing business relationship (and subject to other requirements) with opt-out consent

         postal marketing

☒         opt-out or implied consent

         online behavioral advertising targeting/social media targeting/ad personalization marketing

☒         prior opt-in consent