Doing Business in the Netherlands 2012 - American Chamber of ...

The TW contains specific obligations regarding the processing of
location data (data processed in an electronic communications
network, indicating the geographic position of the terminal equipment
of a user). Location data may be processed only when rendered
anonymous to the extent necessary to provide the services, or with the
consent of the end user. All providers of public electronic
communications networks and/or services are also obliged to enable
the legal interception of their network or services at their own cost.
Providers of public telecommunications networks and public are
obligated to store certain location and traffic data for a certain
retention period. In the case of mobile and fixed telephone, the
retention time is 12 months. In July 2011, the retention period for
internet traffic data was reduced to six months.
12.11 Cookies
Cookies are small files that can be stored on the computer of an enduser
by the operator of a website. They can be used to track users
across different websites. In the Netherlands, whoever uses cookies
must inform end-users that they are doing so. Whoever uses cookies
must also offer an opportunity to refuse the use of cookies. In
practice, most website operators will refer the end-user to their
browser’s settings, where the user can configure their system to reject
cookies.
In June of 2011, the Second Chamber of the Dutch Parliament
introduced legislation that imposed tighter restrictions on the use of
cookies.
The bill introduces an opt-in regime for cookies. Under the new
regime, website operators will have to obtain permission to use
cookies.
A stricter regime will apply to tracking cookies. Specifically, the new
regulation governs the use of public electronic communication
network to store information or retrieve information already stored on
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