Is consent required for the use of our Reditus Cookie?
To give you a direct answer on this question; no, as Reditus does not create a tracking profile.
Below we will go more into depth:
We have Asked ICTRecht which is specialized in this;
Current cookie law
In the legislative history of the Telecommunications Act it has been noted that affiliate cookies fall under the exception of the cookie law, which means that consent for their placement is not mandatory. Condition for this are, however, that:
- the cookies are only used for affiliate purposes (read: to indicate whether or not the affiliate must be paid);
- no (tracking) profile is created of the website visitor; and
- the lifetime/retention period of the cookies is equal to how long they are needed for the affiliate purposes.
Only then there is a minor invasion on the privacy of the website visitor. However, affiliate cookies do create a (tracking) profile in many cases. When they create a (tracking) profile, the cookies no longer fall under the exception and therefore consent must be requested from the website visitor to use them. Regardless of the requirement of consent, the obligation to provide information about cookies always exists.
Thus, under the current cookie law, consent for affiliate cookies, provided they are only used for affiliate purposes (measuring numbers and indicating whether or not the affiliate needs to be paid out) is not mandatory. In the future, a new cookie law is excepted. However, it is still unclear when this new cookie law will enter into force. Note that when a (tracking) profile is made of the website visitors or the cookies are also used for other purposes, the website visitor's consent is always required.