ePrivacy Directive for Technology
Industry-specific guidance on ePrivacy Directive compliance for technology organisations. Understand the requirements, risk level, and key obligations that apply to your sector.
Compliance Risk Level
This industry faces extensive regulatory obligations and heightened supervisory scrutiny.
About ePrivacy Directive
The EU directive governing privacy in electronic communications, covering cookies, direct marketing, traffic data, and the confidentiality of communications — often called the "Cookie Law".
ePrivacy Directive Impact on Technology
Technology companies face some of the most complex compliance obligations in the EU regulatory landscape. As both data processors and controllers — often handling vast volumes of personal data across multiple jurisdictions — tech firms must navigate GDPR's extraterritorial reach, NIS2's digital infrastructure requirements, the AI Act's obligations for AI system providers, and ePrivacy's electronic communications rules. SaaS providers, cloud platforms, social media companies, and ad-tech firms all face heightened scrutiny from EU regulators, particularly on issues of consent, data transfers, transparency, and algorithmic accountability.
Key ePrivacy Directive Requirements for Technology
Key ePrivacy Directive Articles for Technology
Confidentiality of communications
Establishes the fundamental right to confidentiality of electronic communications, prohibiting interception and surveillance. Also contains the cookie consent requirement (paragraph 3).
Cookie consent requirement
Requires prior informed consent for storing information (cookies, pixels, fingerprinting) on user devices. Exempts cookies strictly necessary for requested services and transmission.
Traffic data
Requires erasure or anonymisation of traffic data when no longer needed for communication transmission or billing. Further processing requires user consent.
Location data other than traffic data
Location data may only be processed with consent or after anonymisation. Users must be informed of data types, purposes, duration, and whether data is shared with third parties.
Unsolicited communications (spam)
Requires opt-in consent for electronic direct marketing. Permits soft opt-in for existing customers receiving marketing about similar products, with easy opt-out in every message.
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Start Free AssessmentDisclaimer: The information on this page is for educational purposes and does not constitute legal advice. For specific compliance guidance, consult a qualified legal professional in your jurisdiction.
Other Regulations Affecting Technology
General Data Protection Regulation (GDPR)
The EU's landmark data protection law that governs how organisations collect, store, process, and transfer personal data of individuals in the European Economic Area.
Network and Information Security Directive (NIS2)
The updated EU cybersecurity directive that expands security requirements to a broader range of sectors and imposes stricter obligations on essential and important entities.
EU Artificial Intelligence Act (AI Act)
The world's first comprehensive AI regulation, establishing a risk-based framework for the development, deployment, and use of artificial intelligence systems within the EU.