In guidance issued on March 7, 2019, the Dutch Data Protection Authority (“DPA”) stated that it does not consider “cookie walls” (i.e., providing website visitors with the option to either accept cookies or leave the site) to allow for freely given consent under the EU General Data Protection Regulation (“GDPR”) because the practice does not provide data subjects with a real choice. The DPA’s guidance comes after it received dozens of complaints from Internet users that were not able to access web pages after refusing tracking cookies. The DPA recommends that that organizations adjust their practices to allow website visitors to refuse tracking technologies without adverse consequences. The DPA also warned that it will intensify its monitoring of compliance with this consent standard.
Guidance from Autoriteit Persoonsgegevens: Websites Must Remain Accessible When Refusing Tracking Cookies