HUNGARY Law and Practice Contributed by: Adam Liber and Tamás Bereczki, PROVARIS Varga & Partners
and the ePrivacy Directive. Cookie banners must provide an “Accept All” and “Reject All” button with equal prominence, ensuring users have an easy and straightforward option to refuse cook - ies. Consent must also be specific and granular, meaning users should be able to decide individ - ually on different cookie categories. Importantly, once consent is withdrawn, cookies must be securely deleted or rendered inoperative on the user’s device. This reinforces the requirement for data controllers to ensure technical solutions that respect user preferences and maintain com - pliance throughout the lifecycle of cookie use. Transparency plays a critical role in cookie man - agement. Websites must provide clear, detailed, and accessible information about each cookie, including its name, purpose, expiration date, and any third parties involved in data collection or processing. Multi-layered approaches to inform - ing users, such as brief notices linked to more comprehensive details, are generally considered effective. Social media plugins and similar tech - nologies that involve data sharing with third-par - ty platforms must be set to inactive by default and activated only after obtaining explicit user consent. These plugins should include detailed notices explaining the scope of data collection, including any potential data transfers outside the EU, ensuring users are fully informed about the implications of their consent. Regulatory authorities in Hungary, including the NAIH, the NMHH, and the HCA, actively enforce compliance with these requirements. Non-com - pliance risks include significant fines, reputation - al damage, and operational disruptions. Recent enforcement actions have highlighted the impor - tance of avoiding manipulative practices, such as “dark patterns”, which could mislead users or undermine genuine consent. These practices, including cookie walls, hidden rejection options,
or deceptive banner designs, may be deemed unfair commercial practices, leading to addi - tional scrutiny under consumer protection laws. 4.2 Personalised Advertising and Other Online Marketing Practices In Hungary, online marketing is regulated by the provisions of the Act XLVIII of 2008 on Busi - ness Advertising Activity (the “Advertising Act”) and by the E-Commerce Act. Direct marketing is permissible only based on the explicit opt-in consent of the targeted individual and this con - sent requirement is independent from the B2B or B2C standing of the recipient. The relevant legal requirements can be summarised as follows: • Consent to Direct Marketing Communica - tions: The Advertising Act requires the natural person recipient’s explicit consent to any direct marketing communications. The Adver - tising Act requires that the opt-in consent language for direct marketing communica - tions must: (a) be explicit; (b) contain the name of the person providing the consent; (c) identify the scope of personal data for which consent is being provided; and (d) state that the consent is being given vol - untarily in possession of the information about the data processing (this means that the sign-up language should provide a reference to the privacy notice providing information about data processing relat - ing to sending email marketing messages by the sender); and (e) if the consent is sought for sending elec - tronic marketing messages that may be addressed only to persons of a specific age, then the opt-in consent language must also contain the place and date of birth of the person providing the consent.
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