The new EDPB guidelines on e-Privacy
19-11-2023
On 14 November 2023, the European Data Protection Board adopted the new Guidelines relating to the discipline provided for by the ePrivacy Directive ("Guidelines 2/2023") to provide some clarifications on the scope of application of the rules of the aforementioned directive in light of the new "technical tracking solutions" compared to the more well-known cookies.
The new ones concern the national transposition regulations and have been adopted to dispel any interpretative doubts regarding the provisions of the ePrivacy Directive.
They provide an in-depth analysis of the most common techniques used by the advertising world, such as
- unique identifier (UI)
- URL and pixel tracking
- tracking based on IP only
- intermittent and mediated reporting of the Internet of Things (IoT)
In extreme summary, it is established that the user's consent must be obtained in a systematic and technically feasible and binding way, before processing data relating to electronic communications or before using the storage or processing capabilities of the terminal equipment of the user.