Luxembourg E-Communications Act
Act of 30 May 2005 concerning the specific provisions for protection of the individual in respect of the processing of personal data in the electronic communications sector
Key Facts
Effective Date
May 30, 2005
Enacted
May 30, 2005
Enforcing Authority
CNPD (Commission nationale pour la protection des données)
Consent Model
Opt-in
Consent Recollection
365 days
Applies To
Any entity storing or accessing information on terminal equipment of users in Luxembourg
Overview
Luxembourg implements the ePrivacy Directive through the Act of 30 May 2005, with enforcement by the CNPD. Luxembourg is one of the few EU countries with an explicit consent expiration period, requiring consent to be re-collected after a maximum of 12 months.
What This Means for Your Website
- Prior informed consent is required before placing non-essential cookies on visitors from Luxembourg
- Both "I accept all" and "I refuse all" must appear on the first layer of your consent banner
- Cookie consent expires after 12 months and must be re-collected
- Clear and complete information about processing purposes must be provided
Key Requirements
The CNPD enforces cookie requirements and has published detailed guidelines on cookies and trackers. The 12-month consent validity maximum means websites must have systems in place to track consent age and re-collect when expired. GDPR penalties of up to EUR 20 million or 4% of global turnover apply.
How ConsentStack Handles This
ConsentStack presents Luxembourg visitors with a consent banner featuring both accept all and refuse all on the first layer. The platform automatically tracks consent age and re-collects consent after 12 months.
Penalties
GDPR penalties apply (up to EUR 20 million / 4% global turnover). National penalties under the Act also available.
Key Requirements
- Prior informed consent before placing non-essential cookies
- I accept all and I refuse all both required on first layer
- Consent validity maximum: 12 months
- Clear and complete information on processing purposes
- Strictly necessary exemption for essential cookies only
Notable Provisions
- Consent validity limited to 12 months maximum
- Both accept all and refuse all required on first layer
- CNPD created by this same Act
- CNPD has published detailed cookie/tracker guidelines
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.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.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.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.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.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.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.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.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.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
How long is cookie consent valid in Luxembourg?
A maximum of 12 months. Luxembourg is one of the few EU countries with an explicit consent expiration period. ConsentStack automatically re-collects consent when it expires.
Does Luxembourg require a refuse all button?
Yes. Luxembourg requires both I accept all and I refuse all on the first layer of cookie banners. ConsentStack includes both options prominently.
Who enforces cookie laws in Luxembourg?
The CNPD (Commission nationale pour la protection des données) enforces both cookie and GDPR requirements in Luxembourg.
Stay compliant with Luxembourg E-Communications Act
ConsentStack helps you implement Opt-in consent for Luxembourg automatically.