1️⃣ Legal Basis for Using Cookies
🇪🇺 General Data Protection Regulation (GDPR)
GDPR applies if cookies process personal data, such as IP addresses, unique identifiers, or profiling data. In this case:

• A valid legal basis for processing is required (usually user consent);
• Processing must be transparent;
• Data subjects’ rights must be respected.

🇪🇺 ePrivacy Directive
The ePrivacy Directive specifically regulates the use of cookies.
In Hungary, it is incorporated into the electronic communications law.
It establishes that:

• Storing information on a user’s device or accessing it is allowed only with prior, informed consent.

❗ Exception
Consent is not required for strictly necessary (technical) cookies, which:

• Ensure basic website functionality;
• Allow login to personal accounts;
• Perform security functions;
• Are required for the website to function properly.

🇭🇺 National Legislation (Infotv.)
Applies as a national supplement to GDPR, particularly regarding principles of data processing and supervision.
2️⃣ When User Consent Is Required
Consent is required if the website uses, for example:

• Google Analytics;
• Facebook Pixel;
• Remarketing technologies;
• Marketing or statistical cookies.

👉 In such cases, prior, active user consent is mandatory.
3️⃣ Unacceptable Ways to Obtain Consent
Consent is not valid if it is obtained via:

• Phrasing such as “By using this site, you agree…”;
• Pre-checked checkboxes;
• Only a link to information without the possibility to choose.

4️⃣ Mandatory Elements of a Proper Cookie Solution
A proper cookie implementation should ensure:
✔️ Cookie banner is displayed on the first visit;
✔️ Cookie categories are selected separately (e.g., necessary, statistical, marketing);
✔️ Unnecessary cookies are not loaded before consent is given;
✔️ Detailed cookie policy is available;
✔️ Users can modify or withdraw consent at any time.
5️⃣ Supervision and Responsibility
Compliance is supervised by:
National Authority for Data Protection and Freedom of Information (NAIH)

• This authority regularly imposes fines for incorrect implementation of cookie banners and consent mechanisms.