Does the EU AI Act Impact Cookie Consent?

The EU AI Act does not directly change cookie consent requirements or create new rules for cookie banners. Cookie and tracking consent in the EU continues to be governed primarily by the ePrivacy framework and, where personal data is processed, the GDPR.

The EU AI Act expressly preserves the application of existing EU data protection and privacy laws, including the GDPR and the ePrivacy Directive. This means the AI Act does not replace or override the rules that apply to cookies and tracking technologies.

There can still be an overlap when a website uses AI-powered tools that rely on cookies, device identifiers, profiling, or other tracking technologies. In these cases, the website must continue to meet applicable GDPR and cookie consent requirements, while the AI system may separately be subject to transparency or other obligations under the AI Act.

In short, the EU AI Act does not expand cookie consent rules by itself. Businesses using AI alongside cookies or other tracking technologies may need to comply with both regulatory frameworks, depending on how the technologies and personal data are used.