Romanian ePrivacy Law
Law 506/2004 on Processing of Personal Data and Privacy in Electronic Communications + Law 190/2018
Key Facts
Effective Date
January 1, 2004
Enacted
January 1, 2004
Enforcing Authority
ANSPDCP (Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal)
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Romania
Overview
Romania has historically been one of the more permissive EU countries regarding cookie consent, but enforcement has significantly tightened. ANSPDCP issued multiple fines in 2025-2026 for installing non-essential cookies without explicit consent, signaling a clear shift toward strict enforcement.
What This Means for Your Website
- Prior informed consent is required before placing non-essential cookies on Romanian visitors
- Browser settings are no longer considered sufficient consent despite previous tolerance
- ANSPDCP has been issuing fines of RON 15,000-30,000 for cookie violations since 2025
- Consent must align with GDPR standards
Key Requirements
ANSPDCP enforces cookie requirements through Law 506/2004, with penalties ranging from RON 5,000 to RON 100,000 (EUR 1,100-22,000). GDPR fines also apply. Law 190/2018 (GDPR implementation) does not contain dedicated cookie provisions, relying on Law 506/2004 and GDPR principles. The shift from permissive to strict enforcement caught many Romanian websites off guard.
How ConsentStack Handles This
ConsentStack presents Romanian visitors with an opt-in consent banner that meets current ANSPDCP enforcement expectations. No reliance on browser settings — active consent is required for all non-essential cookies.
Penalties
RON 5,000 to RON 100,000 (approx. EUR 1,100-22,000) under ePrivacy law. GDPR penalties also apply.
Maximum Fine
RON100,000 per violation
Key Requirements
- Prior informed consent before placing non-essential cookies
- Information about cookie usage must be provided to users
- Consent should align with GDPR standards
- Strictly necessary exemption for essential cookies
- ANSPDCP increasingly enforcing active consent requirements
Notable Provisions
- Historically more permissive — browser settings previously tolerated
- ANSPDCP tightened enforcement in 2025-2026 with multiple fines
- No dedicated cookie provisions in GDPR implementing law (Law 190/2018)
Other ePrivacy Directive Related Regulations
Loi Informatique et LibertésFrance
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.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.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.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.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.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.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.Loi Informatique et LibertésFrance
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
Has Romania changed its cookie enforcement approach?
Yes. Romania was historically permissive on cookies, but ANSPDCP significantly tightened enforcement in 2025-2026, issuing multiple fines for non-compliant cookie practices.
What are the cookie penalties in Romania?
RON 5,000 to RON 100,000 (approximately EUR 1,100-22,000) under the ePrivacy law. GDPR penalties of up to EUR 20 million or 4% of global turnover also apply.
Are browser settings valid cookie consent in Romania?
No longer viable. While previously tolerated, ANSPDCP now requires active consent and has fined companies for relying on passive consent mechanisms.
Stay compliant with Romanian ePrivacy Law
ConsentStack helps you implement Opt-in consent for Romania automatically.