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Article 5 (3) of the eprivacy directive is most commonly known for establishing the cookie notice and cookie consent requirements in the eu If your website or app could run without a specific cookie, it is not strictly necessary and you must not use it without consent. That said, article 5 (3) of the eprivacy directive applies to more than just cookies.
The edpb has updated its guidance (available here) on the technical scope of art 5 (3) of the eprivacy directive The cookies strictly necessary for running the services are exempt from the consent requirement This provision is sometimes known as the 'cookie law', but the edpb makes clear that the scope of the directive is much wider than cookies.
According to article 5(3) epd, ‘the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user’ is only allowed on the basis of consent or necessity for specific purposes set out in that article.
Article 5 (3) of the eu eprivacy directive (epd) requires consent for tracking cookies (unless exceptions apply) Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to other tracking technologies as well. Strictly necessary cookies — these cookies are essential for you to browse the website and use its features, such as accessing secure areas of the site Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies.
Under the general data protection regulation (gdpr), consent must be a clear, affirmative act, freely given, specific, informed, and unambiguous. Identify which cookies require user consent under the eprivacy directive A consent management platform (cmp) automates consent collection and ensures your website meets eprivacy requirements Choose a cmp that complies with the eprivacy directive, such as cookie information cmp.
Here are some key takeaways you need to know from the edpb’s draft guidelines on the art 5 (3) clarifying the applicability of art 5 (3) of the eprivacy directive.
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