AP warns 50 organisations about misleading cookie banner
This week, the Autoriteit Persoonsgegevens (AP), the Dutch data protection authority, is urging 50 organisations by letter to adjust their misleading cookie banner or to stop intrusively tracking their visitors. If they fail to do so within three months, the AP will start an investigation into those organisations and they run a high risk of a fine.
These are the first 50 of a total of 500 organisations that the AP wants to warn each year about their cookie banner not being in order. The AP continuously monitors 10,000 Dutch websites and selects organisations that are likely to violate the law with their cookie banner. The first 50 letters went to online stores, media companies and insurers, among others. Each letter contains a warning and an explanation of what should be done.
Tracking software
Aleid Wolfsen, chair of the AP: 'With tracking cookies and other tracking software that websites use, they collect large amounts of data about their visitors. It's like someone is following you down the shopping street, writing down everything you buy, following you home, peering through the windows and also noting down who you're married to and what your children's names are. That sounds strange, but this happens online all the time, without organisations asking consent in a proper manner. With this action we'll force hundreds of organisations to stop doing this in this year.'
In the letter, the AP indicates exactly what is misleading about the cookie banner of that organisation. For example, that the website already places cookies before the visitor has given consent. Or the consent option for tracking cookies has already been ticked in the cookie banner. Or visitors won't see the 'refuse button' until they click through to the next window.
Information: how it should be done
The AP also provides organisations with information about the general rules for transparent cookie banners on the AP website. And by inviting the organisations to an information session about transparent cookie banners at the AP office.
'Is this even normal?'
'We don't just point out to organisations what they're doing wrong', says Wolfsen. 'We also help them to do it right. In our opinion, the first question that organisations should ask themselves is: is this even normal? Is this how I want to earn my money? Do I even use those data? Do I really want to monitor my visitors so closely? If not, the solution is very simple: stop doing it. That's all. You don't need a cookie banner on your website. There will be no investigation by the AP. And your visitors will be grateful.'
