EDPB Guidelines on ePD technical scope

Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive

The Guidance focuses on the applicability of Article 5(3) of the ePrivacy Directive to emerging tracking methods. It highlights three key elements for determining applicability—information, terminal equipment, and access/storage of data—and provides a detailed analysis of these. Additionally, it applies this analysis to common tracking techniques such as URL and pixel tracking, IP-based tracking, IoT reporting, and the use of unique identifiers, ensuring compliance with data protection rules.