Legal Alert| Cookies: from February 2022, it won't work without consent

• Slovakia

27-01-2022

On 1 February 2022 a new Electronic Communications Act will come into force in the Slovak Republic, by which will be brought a significant change regarding the legal regulation of so-called cookies.

The opt-in regime

Until now, cookies have been subject to an "opt-out" regime, but the new Electronic Communications Act introduces an "opt-in" regime. To map the user's activity on the website by means of cookies, it will be necessary to obtain the user's demonstrable consent by his active action (by clicking on the "Accept" button).

Exception to consent

The exceptions to consent under the law are only:

• data of technical storage,

• data whose sole purpose is to transmit or facilitate the transmission of a message over a network, or

• where it is strictly necessary to provide an information society service (service during the connection of electronic devices over an electronic communications network) that is expressly requested by the user.

The exception to consent will therefore not apply to, e.g. analytical, statistical or marketing cookies.

Who will be affected by the change

Anyone who stores or accesses information stored on a user's end device - computer, tablet or mobile device - will be obliged to obtain the user's demonstrable consent to cookies.

Penalties for non-compliance with the new legislation

In the event of non-compliance with the new legislation, whether by violation or non-compliance with the imposed obligation, a legal entity or a natural person - entrepreneur is liable to a fine of up to 10% of the turnover for the previous accounting period and a non-entrepreneur to a fine of up to EUR 20,000.00.

• Jana Sapáková
• Counsel
• +421 232 786 411
• +421 232 786 411

• Daša Derevjaniková
• Associate
• + 421 232 786 411
• + 421 232 786 411

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