What is my cookie banner not allowed to do anymore, in terms of dark patterns?
The Dutch DPA and EDPB are strict on cookie banners that nudge consent through design. A green Accept and a hidden Reject at the bottom no longer cuts it.
Try this first
- 1Equally prominent. Accept and Reject get the same place, colour and size. No dim-grey Reject next to a vibrant Accept.
- 2Equally fast. Reject in one click, not after a detour through a preferences panel where you must un-tick everything.
- 3No pre-ticked categories. Statistics and marketing are off until the visitor turns them on.
- 4No cookie wall forcing consent to access the site, unless there is an equivalent alternative. The Dutch DPA has clear guidance on this.
- 5Keep proof of consent: timestamp, banner version, choice made. On a complaint you must show it.
When to bring us in
Facing a DPA investigation or complaint on your banner? Do not self-edit until you spoke with a privacy lawyer. Mid-investigation changes weigh in.
See also
- Does NIS2 apply to my company?Two questions decide it: are you in a listed sector, and do you meet the threshold from Recommendation 2003/361/EC (more than 50 FTE and more than EUR 10M turnover or balance sheet). Below that you are only indirectly in scope, via your customers. The threshold determines whether you are an important or essential entity depending on sector.
- What changes with the Dutch Cyber Security Act?The Cyberbeveiligingswet is the Dutch implementation of NIS2. Track NCSC for the exact effective date and the lower regulations.
- Am I personally liable as a director under NIS2?Yes. The board is accountable for approving and overseeing the cyber measures. Severe negligence can become personal.
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