What is ePrivacy Directive?

The ePrivacy Directive (Directive 2002/58/EC), often called the "Cookie Directive," is a European Union directive that specifically addresses privacy in the electronic communications sector. It complements the GDPR by providing specific rules for electronic communications, including requirements for storing information or accessing information stored on end-user devices (such as cookies), rules on unsolicited marketing communications, and protections for the confidentiality of communications.

The most widely discussed aspect of the ePrivacy Directive is its requirement that websites obtain user consent before placing non-essential cookies or similar tracking technologies on user devices. This has led to the widespread adoption of cookie consent banners across websites accessible to EU users. The Directive also requires that direct marketing via email is only permitted with prior consent (opt-in), with a limited exception for existing customer relationships.

The ePrivacy Directive is being updated through the proposed ePrivacy Regulation, which would replace the directive and align it more closely with the GDPR. Until the new regulation is adopted, member states' implementations of the existing directive remain in force. Organizations must ensure their cookie consent mechanisms and electronic marketing practices comply with local implementations. ConsentIQ helps manage cookie consent compliance and preference management across jurisdictions where the ePrivacy Directive applies.