Dutch Telecom Act
Telecommunicatiewet (Telecommunications Act), Article 11.7a
Key Facts
Effective Date
January 1, 1998
Enacted
January 1, 1998
Enforcing Authority
Autoriteit Persoonsgegevens (AP — Dutch Data Protection Authority)
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in the Netherlands
Overview
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The Dutch DPA (Autoriteit Persoonsgegevens) launched a major enforcement sweep in April 2025, warning 50 organizations including online retailers, media companies, and insurers for misleading cookie banners.
What This Means for Your Website
- Prior informed consent is required before placing non-essential cookies on Dutch visitors
- Cookie walls are not permitted — you cannot gate content behind cookie acceptance
- The AP has warned 50 organizations in a single sweep, signaling a serious enforcement posture
- Organizations warned in April 2025 were given three months to comply or face investigations and fines
- Consent must give users genuine choice without undue influence
Key Requirements
The AP enforces the Telecommunications Act with penalties of up to EUR 900,000 or 1-10% of turnover, alongside GDPR fines. In March 2025, the AP proposed to the Minister of Economic Affairs to become the sole cookie enforcement authority, replacing the ACM. The April 2025 enforcement sweep demonstrates the AP's willingness to take broad action against non-compliant websites.
How ConsentStack Handles This
ConsentStack presents Dutch visitors with a compliant consent banner that provides genuine choice without misleading design. All non-essential cookies are blocked by default, aligning with the AP's enforcement expectations.
Penalties
Up to EUR 900,000 or 1-10% of turnover under Tw. GDPR penalties also apply (up to EUR 20 million / 4% global turnover).
Maximum Fine
EUR900,000 aggregate
Revenue-based
10% of annual revenue
Key Requirements
- Prior informed consent before placing non-essential cookies
- Clear and comprehensive information about purposes
- Cookie walls are not permitted
- Consent must meet GDPR standards
- Users must have genuine choice without undue influence
Notable Provisions
- April 2025: 50 organizations warned in enforcement sweep
- Penalties up to EUR 900,000 or 1-10% turnover
- AP proposed to become sole cookie authority (March 2025)
Other ePrivacy Directive Related Regulations
Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.LSSISpain
Spain implements the ePrivacy Directive through Article 22 of the LSSI. Cookie violations are classified as slight offenses with EUR 30,000 fines per URL, but multiple URLs multiply penalties. AEPD allows consent-exempt analytics under privacy-friendly configurations, similar to CNIL.Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.Polish Telecommunications LawPoland
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While Article 173(2) technically permits consent via browser settings, PUODO recommends active consent. Since 2019, Article 174 requires cookie consent to meet full GDPR standards.Norwegian E-Com ActNorway
Norway's January 2025 amendment to Ekomloven marked a major shift from tolerating passive consent to strict opt-in. Pre-ticked boxes and browser settings are now explicitly invalid. Accept and reject options must have equal prominence. Datatilsynet sanctioned 6 websites for tracking pixel violations.Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.Hungarian E-Communications ActHungary
Hungary implements the ePrivacy Directive through Section 155 of Act C of 2003. NAIH actively enforces cookie requirements with a focus on dark patterns and equal accessibility of consent options. Reject All must be equally accessible as Accept All in cookie banners.Other Europe Regulations
GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Frequently Asked Questions
Is the Netherlands actively enforcing cookie laws?
Yes. The AP warned 50 organizations in April 2025 for misleading cookie banners, giving them three months to comply or face investigations and fines.
What are the cookie penalties in the Netherlands?
Up to EUR 900,000 or 1-10% of turnover under the Telecommunications Act. GDPR penalties of up to EUR 20 million or 4% of global turnover also apply.
Are cookie walls allowed in the Netherlands?
No. Cookie walls are not permitted in the Netherlands. Visitors must have genuine choice without undue influence. ConsentStack never uses cookie walls.
Who enforces cookie laws in the Netherlands?
The Autoriteit Persoonsgegevens (AP) enforces cookie requirements. In March 2025, the AP proposed to become the sole cookie enforcement authority.
Stay compliant with Dutch Telecom Act
ConsentStack helps you implement Opt-in consent for Netherlands automatically.