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EDPB Opinion on GDPR and ePD interplay

Opinion 5/2019 on the interplay between the ePrivacy Directive and the GDPR, in particular regarding the competence, tasks and powers of data protection authorities

The EDPB Opinion outlines the interaction between the GDPR and the ePrivacy Directive, focusing on their overlapping material scopes and the relationship between their provisions. It clarifies the specific roles of each framework in regulating data processing activities, emphasizing how the ePrivacy Directive "particularises" and "complements" the GDPR. The opinion also addresses the enforcement powers of data protection authorities, particularly where the two frameworks intersect, and discusses whether certain national provisions and processing operations fall outside of these authorities' competencies. Additionally, the opinion touches on the applicability of cooperation and consistency mechanisms within the legal context.

Metadata

Author: European Data Protection Board

Status: Adopted / Published

Adoption date: 2019-03-12

Last updated: 08 Aug 2025

Category: Guidance

Subcategory: Other official document

Relevant laws and articles:

GDPR
1
Source URL:https://www.edpb.europa.eu/our-work-tools/our-documents/opinion-board-art-64/opinion-52019-interplay-between-eprivacy_en

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