EDPB issues guidelines on Article 5(3) of ePrivacy Directive 2002/58/EC

This guidance acknowledges the progression from tracking individuals with cookies to the use of newer technologies, aiming “to provide a clear understanding of the technical operations covered by Article 5(3) of the ePrivacy Directive.”

The guidance focuses on the four elements that make up Article 5(3), namely: ‘information’, ‘terminal equipment of a subscriber or user’, ‘gaining access’ and ‘stored information and storage’; exploring in detail the meaning of each element.

The analysis of these four elements is then applied to the following (non-exhaustive) common techniques:

– URL and pixel tracking

– Local processing

– Tracking based on IP only

– Intermittent and mediated Internet of Things (IoT) reporting

– Unique Identifier

If you are contemplating moving away from the use of cookies, it is a good time to get up to speed on the EDPB’s thinking in relation to these technologies.

The full guidance can be found here.



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