Finnish ISC
Information Society Code (Tietoyhteiskuntakaari) 917/2014, Section 205
Key Facts
Effective Date
January 1, 2014
Enacted
January 1, 2014
Enforcing Authority
Traficom (Finnish Transport and Communications Agency) for cookies; Data Protection Ombudsman (Tietosuojavaltuutettu) for GDPR
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Finland
Overview
Finland implements the ePrivacy Directive through Section 205 of the Information Society Code with two notably strict interpretations: browser settings are explicitly insufficient for consent, and legitimate interest cannot be used as a legal basis for cookies. Court rulings in 2025 reinforced these positions.
What This Means for Your Website
- Prior consent is required before storing or accessing cookies on Finnish visitors' devices
- You cannot rely on browser settings as a form of consent — active opt-in is mandatory
- Legitimate interest is not a valid alternative to consent for cookie placement
- Only strictly necessary cookies are exempt from the consent requirement
- Traficom can propose penalty fees of EUR 1,000 to EUR 1 million to the Market Court
Key Requirements
Traficom enforces cookie rules while the Data Protection Ombudsman handles GDPR. Finland's explicit rejection of both browser-based consent and legitimate interest for cookies makes it one of the stricter EU implementations. Penalty fees range from EUR 1,000 to EUR 1 million, imposed by the Market Court on Traficom's proposal. Court rulings in 2025 established important precedents for Finnish cookie compliance.
How ConsentStack Handles This
ConsentStack presents Finnish visitors with an active opt-in consent banner — no reliance on browser settings or legitimate interest. All non-essential cookies are blocked until explicit consent is given through clear affirmative action.
Penalties
EUR 1,000 to EUR 1 million (penalty fee imposed by Market Court on Traficom's proposal). GDPR penalties also apply.
Maximum Fine
€1,000,000 aggregate
Key Requirements
- Prior consent before storing or using cookies under Section 205
- Browser settings are NOT sufficient consent
- Legitimate interest is NOT a valid legal basis for cookies
- Consent must be interpreted consistently with GDPR standards
- Strictly necessary exemption for essential cookies only
Notable Provisions
- Browser settings explicitly insufficient for consent
- Legitimate interest explicitly invalid for cookies
- Court rulings in 2025 reinforced enforcement
- Penalty fees imposed via Market Court on Traficom proposal
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.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.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.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.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.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
Can I rely on browser settings for cookie consent in Finland?
No. Finland explicitly rules out browser settings as valid consent. Websites must obtain active opt-in consent from Finnish visitors. ConsentStack handles this automatically.
Can I use legitimate interest for cookies in Finland?
No. Finland explicitly prohibits using legitimate interest as a legal basis for cookie placement. Only prior consent is valid for non-essential cookies.
What are the cookie penalties in Finland?
Penalty fees range from EUR 1,000 to EUR 1 million, imposed by the Market Court on Traficom's proposal. GDPR fines of up to EUR 20 million or 4% of global turnover also apply.
Stay compliant with Finnish ISC
ConsentStack helps you implement Opt-in consent for Finland automatically.