DATA PROTECTION – EDPB’s guidelines on tracking techniques covered by the ePrivacy Directive

Newsletter n. 91 – December 2023

DATA PROTECTION

EDPB’s guidelines on tracking techniques covered by the ePrivacy Directive

On 15 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive. On the premise that the emergence of new tracking methods to both replace existing tracking tools (for example, cookies) and create new business models has become a critical data protection concern, EDPB aims to clarify which technical operations, including new tracking techniques, are covered by the directive, providing legal certainty for data controllers and individuals. EDPB Chair highlighted the privacy risks associated with online tracking and proposed solutions to ensure that the consent obligations set out by Article 5(3) are not circumvented. The guidelines analyse key terms and include practical use cases, specifically addressing the scope of Article 5(3) and will undergo a six-week public consultation period (i.e. until 28 December 2023).