Danish Cookie Order
Cookiebekendtgørelsen (Danish Cookie Order / Executive Order on Information and Consent Required in Case of Storing or Accessing Information in End-User Terminal Equipment)
Key Facts
Effective Date
January 1, 2011
Enacted
January 1, 2011
Enforcing Authority
Danish Business Authority (Erhvervsstyrelsen) for cookies; Datatilsynet (Danish DPA) for GDPR
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Denmark
Overview
Denmark implements the ePrivacy Directive through the Cookiebekendtgørelsen (Cookie Order), with cookie consent declared a 2026 enforcement priority by Datatilsynet. Preliminary assessments suggest many Danish websites do not meet the requirements.
What This Means for Your Website
- Prior informed consent is required before placing non-essential cookies on Danish visitors
- Cookie walls are unlawful — you cannot gate content behind cookie acceptance
- The "Reject" option must have equal prominence to "Accept"
- Dark patterns such as a prominent "Accept All" with a hidden reject option are prohibited
- Pre-checked consent boxes are invalid
Key Requirements
The Danish Business Authority (Erhvervsstyrelsen) administers the Cookie Order while Datatilsynet enforces GDPR requirements. Cookie consent fines are determined by courts rather than fixed amounts. Datatilsynet has declared cookie consent a 2026 enforcement priority, examining whether websites give users genuine choice about tracking. Early findings suggest widespread non-compliance.
How ConsentStack Handles This
ConsentStack presents Danish visitors with a consent banner featuring equally prominent accept and reject options. No cookie walls, no dark patterns, no pre-checked boxes — fully aligned with Denmark's 2026 enforcement priorities.
Penalties
Fines under the Cookie Order (amount determined by courts). GDPR penalties also apply (up to EUR 20 million / 4% global turnover).
Key Requirements
- Prior informed consent before placing non-essential cookies
- Cookie walls are unlawful
- Reject option must have equal prominence to Accept
- Dark patterns are prohibited
- Pre-checked consent boxes are invalid
Notable Provisions
- Cookie consent is a 2026 enforcement priority for Datatilsynet
- Split authority: Erhvervsstyrelsen administers Cookie Order, Datatilsynet enforces GDPR
- Cookie walls explicitly prohibited
Other ePrivacy Directive Related Regulations
FDPAFrance
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.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.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.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.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.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.Finnish ISCFinland
Finland implements the ePrivacy Directive through Section 205 of the Information Society Code with notably strict interpretations. Browser settings are explicitly insufficient for consent, and legitimate interest is not a valid legal basis for cookies — stricter than many EU countries.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.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.FDPAFrance
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.Frequently Asked Questions
Is Denmark enforcing cookie consent laws?
Yes. Datatilsynet declared cookie consent a 2026 enforcement priority and is examining whether Danish websites give users a genuine choice about tracking.
Are cookie walls allowed in Denmark?
No. Cookie walls are explicitly unlawful in Denmark. The reject option must have equal prominence to accept. ConsentStack never uses cookie walls.
Who enforces cookie laws in Denmark?
The Danish Business Authority administers the Cookie Order, while Datatilsynet enforces GDPR. ConsentStack ensures compliance with both authorities' requirements.
Stay compliant with Danish Cookie Order
ConsentStack helps you implement Opt-in consent for Denmark automatically.