Why you don't need to ask for cookie consent for the Reditus cookie.
The cookie we use at Reditus can be considered an affiliate marketing cookie, but it operates differently from other providers you may be familiar with. Since we do not build a tracking profile, consent is not required for its usage.
Important: we do not build a tracking profile.
Current cookie law in the Netherlands
The use of cookies in the Netherlands is regulated by the cookie law, Article 11.7a of the Telecommunications Act (Telecommunicatiewet). Under this law, consent is required for cookies used for tracking purposes or to gain analytical insights.
Consent is not needed for technical or functional cookies, or for analytical cookies that pose minimal invasion of visitor privacy. This exemption applies primarily in the Netherlands.
Legal consultation by ICTRecht (IT law specialists)
ICTRecht advised us that affiliate cookies and similar techniques, such as tracking scripts, are essential to make affiliate marketing work as a revenue model. They are what lets you track which advertisement led to a successful referral and paid subscription, and determine which affiliate is responsible and should be paid.
Cookies typically require consent, but there are exceptions, including for affiliate cookies, provided specific conditions are met.
When an affiliate cookie is exempt
In the legislative history of the Telecommunications Act, affiliate cookies are recognized as exempt from the consent requirement when they meet three conditions.
- The cookies are used exclusively for affiliate purposes, for example determining if the affiliate should be paid.
- No tracking profile is created for the website visitor.
- The cookie's lifetime is limited to what is necessary for affiliate purposes.
If these conditions are met, the privacy invasion is minimal and no consent is needed. If an affiliate cookie creates a tracking profile or is used for other purposes, consent becomes mandatory.
Consent or not, websites must always inform visitors about the use of cookies.
Requesting consent
Under current Dutch cookie law, consent for affiliate cookies is not mandatory as long as they are used solely for affiliate purposes, meaning measuring numbers and determining affiliate payouts.
A new cookie law may be introduced in the future, but the enactment timeline remains unclear. If a tracking profile is built, or cookies are used for additional purposes, consent from the website visitor will always be required.