Feb 08
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DP News – Week 6. EU AI Act has ​​been approved by the ambassadors of the 27 EU countries, cookies are among focus areas of the Dutch supervisory authority for 2024.

As Euractiv reports, on 02 February 2024, “the ambassadors of the 27 countries of the European Union unanimously approved the world’s first comprehensive rulebook for Artificial Intelligence, rubber-stamping the political agreement reached in December”. 

As for the next steps, “the European Parliament’s Internal Market and Civil Liberties Committees will adopt the AI rulebook on 13 February, followed by a plenary vote provisionally scheduled for 10-11 April. The formal adoption will then be complete with endorsement at the ministerial level.

The AI Act will enter into force 20 days after publication in the official journal. The bans on the prohibited practices will start applying after six months, whereas the obligations on AI models will start after one year.

All the rest of the rules will kick in after two years, except for the classification of AI systems that have to undergo third-party conformity assessment under other EU rules as high-risk, which was delayed by one additional year”.

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In 2024, the Dutch Data Protection Authority (AP) will check more often whether websites correctly request permission for (tracking) cookies or other tracking software. The AP provides clear explanations on the website about how organizations should set up cookie banners to properly request permission. In practice, organizations regularly use misleading cookie banners, on which, for example, certain buttons are hidden. 

Aleid Wolfsen, chairman of the AP said that “With tracking software or tracking cookies, organizations can look at your internet behavior. That is not allowed, because what you do on the internet is very personal. An organization may only keep track of this if you explicitly agree to it. And you should have the ability to opt out of this tracking software without it being detrimental to you.” 

The AP explains a number of important aspects of cookie banners. These rules of thumb help you draw up a correct cookie banner: 

  • provide information about the purpose;
  • do not automatically enable checkboxes;
  • use clear text;
  • put several choices on one layer;
  • don’t hide certain choices;
  • don’t make someone click extra;
  • do not use an inconspicuous link in the text;
  • be clear about withdrawing consent;
  • do not confuse consent with legitimate interest.

Click here for more details.

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