SI 336/2011

European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, Regulation 5(3)

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IrelandOpt-inNational
ePrivacy Directive
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Key Facts

Effective Date
July 1, 2011
Enacted
January 1, 2011
Enforcing Authority
DPC (Data Protection Commission)
Consent Model
Opt-in
Consent Recollection
180 days
Applies To
Any entity storing or accessing information on terminal equipment of users in Ireland

Overview

Ireland's SI 336/2011 is uniquely significant because the DPC serves as the lead supervisory authority for major tech companies headquartered in Ireland, including Meta, Google, Apple, and Microsoft. Ireland also has one of the shortest cookie consent validity periods in the EU at just 6 months.

What This Means for Your Website

  • Prior informed consent is required before placing non-essential cookies on Irish visitors
  • Cookie consent expires after 6 months and must be refreshed — significantly shorter than most EU countries
  • Specific consent is required for each processing purpose; general blanket consent is insufficient
  • Cookie-or-pay models cannot force tracking consent as a condition of access
  • The DPC's 2020 cookie sweep found the majority of Irish companies non-compliant

Key Requirements

The DPC enforces SI 336/2011 with penalties of up to EUR 250,000 on conviction on indictment. GDPR fines also apply. The 6-month consent validity requirement is notably shorter than the typical 12-month period recommended elsewhere in the EU. As the lead authority for major tech companies, Irish enforcement decisions have outsized impact across Europe.

How ConsentStack Handles This

ConsentStack automatically manages the 6-month consent validity period for Irish visitors, re-collecting consent when it expires. The platform applies purpose-specific consent categories and blocks all non-essential cookies until explicit consent is given.

Penalties

Up to EUR 250,000 on conviction on indictment. GDPR penalties also apply (up to EUR 20 million / 4% global turnover).

Maximum Fine
€250,000 per violation

Key Requirements

  • Prior informed consent before placing non-essential cookies
  • Consent limited to 6 months then must be refreshed
  • Specific consent required for each purpose
  • Clear and comprehensive information about cookie usage
  • Cookie-or-pay models cannot force tracking consent

Notable Provisions

  • Consent limited to 6 months — one of the shortest in the EU
  • Lead supervisory authority for Meta, Google, Apple, Microsoft
  • DPC 2020 cookie sweep found majority of companies non-compliant

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.
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.
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.
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.
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.
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.
Hungarian E-Communications ActHungary
Hungary implements the ePrivacy Directive through Section 155 of Act C of 2003. NAIH actively enforces cookie requirements with a focus on dark patterns and equal accessibility of consent options. Reject All must be equally accessible as Accept All in cookie banners.

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

How long is cookie consent valid in Ireland?

Only 6 months. Ireland has one of the shortest cookie consent validity periods in the EU. ConsentStack automatically re-collects consent when it expires.

Why is Irish cookie enforcement important?

The DPC is the lead supervisory authority for Meta, Google, Apple, and Microsoft, making Irish enforcement decisions highly influential across all of Europe.

What are the cookie penalties in Ireland?

Up to EUR 250,000 on conviction on indictment under SI 336/2011. GDPR penalties of up to EUR 20 million or 4% of global turnover also apply.

Did the DPC find widespread cookie non-compliance?

Yes. The DPC's 2020 cookie sweep found the majority of Irish companies non-compliant with cookie consent requirements.

Stay compliant with SI 336/2011

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