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: December 2024

Yes.

The requirements for cookies and/or other tracking techniques are laid down in the Dutch Telecommunications Act (implementing the ePrivacy Directive). As a main rule, the usage of tracking cookies requires the user's consent in accordance with the GDPR.

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

Last reviewed: December 2024

Yes.

Note that the rules vary depending on whether the marketing activities are B2B or B2C oriented. In summary, the following rules of thumb apply (exceptions are available under specific circumstances)

☒   email marketing

☒   prior opt-in consent

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

☒   telephone marketing

☒   prior opt-in consent

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

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