The online advertising agency YD Display Advertising Benelux
(YD) violates Dutch privacy and telecommunication
rules by using personal data for the behavioural targeting of
internet users without their consent. This is the conclusion of the
Dutch Data Protection Authority (College Bescherming
Persoonsgegevens, CBP) after it investigated
YD's processing of personal data. The CBP found that YD places
tracking cookies with visitors to their websites to show
personalised advertisements. Although the cookie rules came into
force in the Netherlands in early June 2012, they had not yet been
enforced. This is the first time that the CBP has conducted an
investigation into the placement of cookies. Companies
(that have not yet done so) are advised to review their use of
cookies and, where required, ask for the visitor's prior
consent.
Under the Dutch Telecommunications Act
(Telecommunicatiewet), cookies that are placed on, or read
from, a website visitor's computer require informed prior
opt-in consent before being placed. The principle of informed prior
consent does not apply to functional cookies, e.g. cookies that are
used solely for facilitating the technical communication over a
network or that are strictly necessary for providing a service
requested by the website visitor. Cookies that are not exempt are,
for example, social media plug-in cookies, third party advertising
cookies and tracking cookies. If the placement of cookies also
involves the processing of personal data, the Data Protection Act
(Wet bescherming persoonsgegevens) additionally applies.
Under the Data Protection Act, a legal basis for the processing of
personal data is required, which is often found in the unambiguous
consent of the visitor.
by Lokke Moerel, Wanne Pemmelaar and Alex van der Wolk read full article at Mondaq http://www.mondaq.com/x/315872/Data+Protection+Privacy/CBPs+First+Cookie+Law+Investigation+YD+Violates+Privacy+Rules+And+Telecommunication+Rules
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