EDPB provides clarification on tracking techniques covered by ePrivacy Directive

The guidelines aim to clarify which technical acts, particularly new and emerging tracking techniques, are covered by the directive and provide greater legal certainty for data controllers and data subjects. Anu Talus, chairman of the EDPB, said, "It's no secret that tracking users' activities online can seriously harm people's privacy. Uncertainties about the scope of application of Article 5(3) of the ePrivacy Directive and the emergence of new techniques, in addition to or as an alternative to traditional cookies, have created new privacy risks. These guidelines discuss solutions, such as link and pixel tracking, local processing and unique identifiers, to ensure that the consent obligations set forth in the article are not circumvented." To clarify the scope of the article, the guidelines analyze key terms mentioned in the article, such as "information," "subscriber's or user's terminal equipment," "electronic communications network," "gaining access" and "stored information/storage. The guidelines also include a series of real-world cases with common tracking techniques. The guidelines deal only with the scope of application of Article 5(3) of the ePrivacy Directive. They do not address how to obtain consent, or the exemptions set forth in the article. The guidelines are being submitted for public consultation for a period of six weeks.

Download the guidelines