What is ePrivacy Directive?
An EU directive that regulates electronic communications privacy, including requirements for cookie consent and restrictions on unsolicited marketing.
The ePrivacy Directive (2002, updated 2009) is the reason websites ask for cookie consent. It works alongside GDPR to protect electronic communications.
Key Provisions
- Cookie consent: Websites must get informed consent before setting non-essential cookies
- Communication confidentiality: Prohibits interception of electronic communications
- Traffic data: Must be erased or anonymized when no longer needed
- Location data: Can only be processed with consent
- Spam: Opt-in consent required for marketing emails
ePrivacy Regulation (Upcoming)
- A regulation (directly applicable law, stronger than a directive) has been proposed since 2017
- Would replace the directive with stricter, harmonized rules
- Negotiations have been ongoing for years due to industry lobbying
Cookie Fatigue
The cookie consent banners that plague the web are a side effect of the ePrivacy Directive. Most implementations are designed to trick users into accepting all cookies rather than providing genuine choice.
Related Terms
Cookie
A small piece of data stored in your web browser by websites you visit. While cookies enable useful features like staying logged in, they're also used extensively for tracking your browsing activity across the web for advertising and analytics purposes.
GDPR
The General Data Protection Regulation is a comprehensive data protection law in the European Union that gives individuals control over their personal data. It establishes strict requirements for how organizations collect, process, store, and transfer personal information.
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