The European Data Protection Board has published new Guidelines that provide clarification on the scope of technologies covered under Article 5(3) of the e-Privacy Directive
The European Data Protection Board (EDPB) has issued new Guidelines to clarify how Article 5(3) of the ePrivacy Directive applies to modern tracking techniques. This article restricts storing or accessing information on user devices without consent.
The Guidelines explain key terms in Article 5(3) such as “information” and “gaining access” to help determine if user consent is required. They also address how new tracking methods, like pixels and unique identifiers, can be used to bypass consent requirements. It’s important to note that these Guidelines only focus on when Article 5(3) applies, not how to obtain consent or what exemptions exist. After a public consultation period to gather feedback, the Guidelines will be finalized and implemented.