AI tracking and cookies: what to disclose?
If you use AI for tracking, personalisation or search results, you must specifically disclose this in your cookie banner and privacy policy. 'Marketing cookies' alone is not enough.
The AI Act requires specific transparency about AI-driven tracking and personalisation. This goes beyond existing cookie regulation: you must disclose not only that you use cookies, but also that AI analyses the data.
Add a separate 'AI personalisation' category to your cookie banner. Give users the choice to switch off AI tracking separately from regular marketing cookies.
If your search uses AI (smart suggestions, personalised results), disclose this near the search results. A simple line such as 'Search results are personalised with AI' suffices.
Mention in your privacy policy which AI systems you use for tracking and personalisation, what data they process and how long that data is retained.
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