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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

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