ePrivacy

The EU Directive on privacy in electronic communications (2002/58/EC), supplementing the GDPR for cookies.

The ePrivacy Directive (2002/58/EC) is European legislation focused on protecting privacy in electronic communications. It supplements the GDPR with specific rules for cookies.

What is the ePrivacy Directive?

The ePrivacy Directive regulates:

  • The use of cookies and similar technologies
  • Confidentiality of electronic communications
  • Unsolicited communications (spam)
  • Communications metadata

ePrivacy and cookies

Article 5(3) of the ePrivacy Directive states that storing information (cookies) on the user's device is only permissible:

  • With the user's prior consent, OR
  • Where it is strictly necessary for the provision of the service

Relationship with the GDPR

The ePrivacy Directive is lex specialis to the GDPR – it takes precedence in the area of electronic communications and cookies. The GDPR then governs the processing of personal data obtained through cookies.

ePrivacy Regulation

The EU is working on a new ePrivacy Regulation, which is intended to replace the current Directive and harmonise rules across the EU. The Regulation has been in the legislative process since 2017.

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