Ireland

A company is using cookies without my consent.

Consent require
Legal standard
2018
Act year
s. 38
Relevant section
GDPR-aligned
Legal basis
The Short Answer

In Ireland, a company must obtain your clear, informed consent before using non-essential cookies — unless they are strictly necessary for the service you requested.

What the Law Says

The use of cookies in Ireland is governed by data protection law, particularly the Data Protection Act 2018, which gives effect to the EU General Data Protection Regulation (GDPR). Section 38 specifically addresses electronic communications and sets out rules for cookies and similar tracking technologies.

Under Irish law, companies cannot store or access information on your device (e.g., via cookies) unless it is strictly necessary for delivering a service you explicitly requested — like remembering items in a shopping cart. For all other cookies (e.g., analytics, advertising, or social media tracking), they must first get your active, informed, and freely given consent.

Consent must be specific, unambiguous, and involve a clear affirmative action — such as ticking a box or clicking 'accept'. Pre-ticked boxes or implied consent (e.g., 'by continuing to use this site') do not meet the legal standard.

You also have the right to withdraw consent at any time, and it must be as easy to withdraw as it was to give.

Statutory Text

A person shall not store information, or gain access to information already stored, in the terminal equipment of a subscriber or user unless the requirements of subsection (2) are met.

Data Protection Act 2018, s. 38 — Use of cookies and similar technologies

What to Do

1

Check the website’s cookie banner or privacy notice — it should clearly explain what cookies are used and why, and let you accept or reject them individually.

2

If no consent mechanism exists, or if consent is assumed (e.g., 'by continuing to browse'), the site is likely non-compliant.

3

Reject non-essential cookies — you can usually do this via the cookie settings or banner.

4

Complain to the Data Protection Commission (DPC) at https://www.dataprotection.ie if the issue persists.

5

Use browser settings or privacy tools to block third-party cookies automatically.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.