Dutch cookie clause

Thanks to Frederik (cc'ed) for his quick translation of part of the new telecom law in the Netherlands. This will be enforced starting 1 January, 2013. There is a fair bit of context, some of which I do not yet understand. I hope Frederik will be able to join us on a call in June to briefly walk us through the new law and answer questions.

I have stripped out formatting from the original Word document. I am posting the text below with Frederick's permission. 

	Aleecia

						*****

Article 11.7a Dutch Telecommunications Act, Informal translation 
 
Frederik Zuiderveen Borgesius
Institute for Information Law, University of Amsterdam
F.J.ZuiderveenBorgesius@uva.nl
 
Please don’t cite or circulate.
Contact me for the definitive version. Thanks! Frederik
 
Article 11.7a Dutch Telecommunications Act
 
 
 
Article 11.7a
 
1. Without prejudice to the Data Protection Act, anyone who wishes to access information stored in terminal equipment of a user, or wishes to store information in terminal equipment of a user, through of electronic communications networks, must:
 
a.     provide the user clear and complete information, in accordance with the Data Protection Act, at least about the purposes for which he wishes to have access to the information or for which he wants to store information
 
b.     have obtained consent of the user for this activity.
 
The activity as referred to in the preamble, which seeks to collect, analyze or combine information about the use of various services of the information society, for commercial, charitable or philanthropic purposes, is presumed to be processing of personal data, as defined in article 1, sub b, of the Data Protection Act. 
 
2. The requirements under a and b above also apply if information is stored on terminal equipment of a user, or information stored on a user’s equipment is accessed, by other means than through an electronic communications network.  
 
3. The provisions of the first and second paragraph shall not apply in the case of technical storage or access to information, with the sole purpose of:
 
a.     carrying out communication over an electronic communications network, or
 
b.     providing a service of the information society requested by the user, if the storage or access is strictly necessary.
 
4. By governmental decree, in accordance with the Minister of Justice and Security, further rules can be given with regard to the requirements under a and b of the first paragraph. The Data Protection Authority shall be consulted about the draft of such a governmental decree.

Received on Wednesday, 30 May 2012 06:44:39 UTC