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ePrivacy Directive

An EU directive governing electronic communications privacy, including rules on cookies, tracking, and direct marketing.

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What ePrivacy Directive means

The ePrivacy Directive (Directive 2002/58/EC, as amended) complements GDPR by specifically addressing privacy in electronic communications. Often called the 'Cookie Law,' it requires prior consent for storing cookies or similar tracking technologies on user devices, with exceptions for strictly necessary cookies. The ePrivacy Directive also governs direct marketing communications, requiring opt-in consent in most cases. A proposed ePrivacy Regulation (to replace the directive) has been in negotiation for years and would be directly applicable across the EU without national transposition. For advertisers, the ePrivacy Directive is particularly relevant for cookie consent banners, pixel implementation, and any tracking technology that accesses the user's device. National implementations vary, creating a patchwork of requirements across EU member states.

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