Hungarian E-Communications Act
Act C of 2003 on Electronic Communications, Section 155
Key Facts
Effective Date
January 1, 2003
Enacted
January 1, 2003
Enforcing Authority
NAIH (National Authority for Data Protection and Freedom of Information)
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Hungary
Overview
Hungary implements the ePrivacy Directive through Section 155 of Act C of 2003. NAIH has been particularly focused on ensuring that cookie banners provide genuine choice, targeting dark patterns and requiring that rejection options are equally accessible to acceptance.
What This Means for Your Website
- Prior consent based on clear and comprehensive information is required for non-essential cookies
- "Reject All" must be equally accessible as "Accept All" — no hiding rejection behind extra clicks
- Cookies must be categorized by purpose (analytics, marketing, personalisation)
- Misleading use of terms like "legitimate interest" for cookies is specifically prohibited
- NAIH can impose corrective measures with 30-day compliance deadlines
Key Requirements
NAIH enforces both cookie and GDPR requirements. It has imposed a HUF 10 million (~EUR 27,000) fine on TV2 for misleading cookie practices that used dark patterns. GDPR penalties of up to EUR 20 million or 4% of global turnover apply. NAIH specifically targets cookie banners where rejection is harder to find than acceptance.
How ConsentStack Handles This
ConsentStack presents Hungarian visitors with a consent banner featuring equally prominent and accessible accept and reject options. Cookies are clearly categorized by purpose with no misleading terminology.
Penalties
Up to EUR 20 million or 4% global turnover under GDPR. NAIH has imposed fines of HUF 10 million (~EUR 27,000) for cookie violations.
Key Requirements
- Prior consent based on clear and comprehensive information
- Reject All must be equally accessible as Accept All
- Cookies must be categorized by purpose
- Non-essential cookies require explicit prior consent
- Misleading use of legitimate interest for cookies is prohibited
Notable Provisions
- NAIH imposed HUF 10M fine on TV2 for misleading cookie practices
- Reject All equal accessibility explicitly required
- Dark patterns specifically targeted by NAIH
Other ePrivacy Directive Related Regulations
Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.LSSISpain
Spain implements the ePrivacy Directive through Article 22 of the LSSI. Cookie violations are classified as slight offenses with EUR 30,000 fines per URL, but multiple URLs multiply penalties. AEPD allows consent-exempt analytics under privacy-friendly configurations, similar to CNIL.Dutch Telecom ActNetherlands
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The AP launched a major enforcement sweep in April 2025, warning 50 organizations for misleading cookie banners or placing tracking cookies without consent. Cookie walls are not permitted.Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.Norwegian E-Com ActNorway
Norway's January 2025 amendment to Ekomloven marked a major shift from tolerating passive consent to strict opt-in. Pre-ticked boxes and browser settings are now explicitly invalid. Accept and reject options must have equal prominence. Datatilsynet sanctioned 6 websites for tracking pixel violations.Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.Polish Telecommunications LawPoland
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While Article 173(2) technically permits consent via browser settings, PUODO recommends active consent. Since 2019, Article 174 requires cookie consent to meet full GDPR standards.Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.Other Europe Regulations
GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Frequently Asked Questions
Does Hungary require equal accept and reject buttons?
Yes. NAIH requires that Reject All must be equally accessible as Accept All. Dark patterns that hide the reject option are unlawful.
What are the cookie penalties in Hungary?
NAIH has imposed fines such as HUF 10 million for cookie violations. GDPR penalties of up to EUR 20 million or 4% of global turnover also apply.
Can I use legitimate interest for cookies in Hungary?
No. NAIH has specifically prohibited misleading use of legitimate interest for cookie placement. Only valid consent is accepted for non-essential cookies.
Stay compliant with Hungarian E-Communications Act
ConsentStack helps you implement Opt-in consent for Hungary automatically.