Does the EU AI Act impact cookie consent?

The EU AI Act does not directly regulate cookies, but it affects how cookie data can be used in AI-driven personalisation and profiling.

If non-essential cookies are used to collect personal data that feeds AI systems for personalisation, recommendations, or profiling, GDPR consent requirements may still apply. This means valid user consent must be obtained before setting such cookies.

In addition, the EU AI Act introduces stronger transparency and governance obligations for AI systems. Businesses must clearly inform users when AI is involved, especially if cookie data is used for profiling or automated decision-making. If cookie data is reused for AI purposes beyond what was originally disclosed, new or more specific consent may be required.

In summary, while the AI Act doesn’t change cookie consent rules, it reinforces the need for clear consent, transparency, and accountability when cookie data is used in AI-driven personalisation tools.