The Dutch Data Protection Authority (AP) has initiated an investigation concerning two organizations that persist in using a cookie banner deemed misleading.

This investigation follows a prior warning that had no effect. These organizations are accused of using a cookie banner without a directly visible refusal button, which encourages visitors to accept tracking software, whereas refusal must be as easy as acceptance. This action is part of enhanced controls conducted by the AP since 2024. Over the past months, about 100 organizations, notably in the media, health, and insurance sectors, have been warned. Approximately 70% of them have brought their banner into compliance, with the others facing an investigation and a possible fine.