Interestingly, this time the BDPA did not act based on a filed complaint but carried out their investigation on its own initiative.
In its decision, the BDPA fined Jubel.be because:
- The website did not provide any opt-out option for certain types of cookies (including first-party cookies);
- Although an improved version of the website did collect consent, the consent obtained was not sufficiently granular, i.e. users should have been able to give consent to different cookie categories (e.g. statistical, marketing, functional);
- There was no easy way for users to withdraw consent when first given.
Belgian Data Protection Authority sets an example
In a press announcement to Belgian website standaard.be, the BDPA confirms that the intent of the investigation and fine was to set an example, pointing to the exemplary role that a legal information website should play. In the same instance, the BDPA argued that most websites in Belgium are unlikely to comply with the rules as prescribed in this case.
"Sites must be well aware that they have serious obligations. There is an information obligation for cookies, even if they come from third parties." Dispute Chamber Data Protection Authority
How to avoid getting a cookie fine by your national DPA?
7 quick tips to avoid a cookie fine!
To collect valid consent, you need a cookie consent solution (banner) which:
- Informs your visitors of cookies (list of cookies; their purpose; lifespan; list of third parties);
- Provides your visitors with the option to decline cookies (opt-out);
- Holds back cookies before consent is obtained;
- Does not assume consent with pre-ticked boxes;
- Gives your users the possibility to give consent to specific cookie categories (e.g. functional, statistical or marketing);
- Provides an easy way to withdraw consent to cookies;
- Collects and stores consents for 5 years (in case of inspection by DPA).
Unsure whether your cookie consent solution collects valid consent?
Get a free and professional assessment of your website’s cookies. You’ll have the results within two working days.
Cookie Information provides websites with a leading cookie consent solution which meets the requirements in the ePrivacy Directive and GDPR. Secure your visitors’ data today – contact Cookie Information on how to become cookie compliant.