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AP imposes 40,000 euro fine on Coolblue

The Personal Data Authority (AP) has fined Coolblue 40,000 euros for unlawfully processing personal data in 2020. At the time, the company used cookies to collect personal data from visitors to the webshop without their explicit consent. Coolblue automatically assumed that visitors agreed. This is not allowed.

Coolblue should have had visitors' explicit consent for collecting personal data via cookies. That means that people must actively choose to do so. With Coolblue, this was not the case. In the cookie statement, the company stated that it assumed visitors agreed. In addition, Coolblue had pre-ticked the boxes for consent to the use of cookies. This is in violation of the General Data Protection Regulation (AVG).


Photo: Dreamstime.

Opportunity to put things right
In late 2019, the AP launched an investigation into websites, including Coolblue.nl, to test their compliance with the rules governing cookies. The AP looked at whether those websites were properly asking for consent.

After visiting Coolblue.nl, the AP sent Coolblue a letter in November 2019, saying the company did not have its policies in place in this regard. In April and May 2020, the AP found that Coolblue's practices were still not in order. That's when the AP launched an investigation. In June 2020, it turned out that Coolblue had already changed its working methods.

AP checks cookies more often
Many people are annoyed by websites that use cookies without permission, or misleading cookie banners that make it very difficult for visitors to say 'no'. Since 2024, the AP has been carrying out extra checks on whether websites are properly asking permission for cookies.

Rules of thumb for clear cookie banners
Besides extra enforcement on the rules, the AP is providing more education on cookie banners. To help organisations comply with the law, the AP drew up a number of rules of thumb, with clear examples of how to do it and how not to do it.

Information campaign
Finally, the AP launched a 'cookie campaign'. With the campaign, the AP calls on organisations to take a close look at their cookie policy. With the campaign, the AP also wants to make people aware of the impact cookies have on their privacy. The AP's website has a lot of information on cookies and what measures people can take to protect their privacy from cookies.

Source: AP

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