Why you don't need to ask for cookie consent for the Reditus cookie.

Affiliate Marketing 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.

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. However, consent is not needed for technical or functional cookies or analytical cookies that pose minimal invasion of visitor privacy (this exemption applies primarily in the Netherlands).

Legal Consultation by ICTRecht (IT Law Specialists):

"To make affiliate marketing effective as a revenue model, affiliate cookies and similar techniques, such as tracking scripts, are essential. These tools allow you to track which advertisement led to a successful referral and paid subscription. With an affiliate cookie, you can determine which affiliate is responsible for the successful referral and ensure proper payment. While cookies typically require consent, there are exceptions, including for affiliate cookies, provided specific conditions are met."

Affiliate Cookies

In the legislative history of the Telecommunications Act, affiliate cookies are recognized as exempt from the consent requirement, provided they meet the following conditions:

• The cookies are used exclusively for affiliate purposes (e.g., 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. However, if an affiliate cookie creates a tracking profile or is used for other purposes, consent becomes mandatory.

Regardless of whether consent is required, 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 (i.e., measuring numbers and determining affiliate payouts). In the future, a new cookie law may be introduced, but its enactment timeline remains unclear. However, if a tracking profile is built or cookies are used for additional purposes, consent from the website visitor will always be required.