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EDPB Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive

The European Data Protection Board (EDPB) has published guidelines on the technical scope of Article 5(3) of the ePrivacy Directive. In the guidelines EDPB remindsthat this article pertains to the storage and access of information on a user’s device, not just limited to cookies.

The EDPB clarifies that the concept of “information” includes both personal and non-personal data. It also specifies that “terminal equipment” can encompass various devices, such as smartphones, laptops, and connected cars. The EDPB emphasizes that gaining access and storing information are separate concepts and both are not required for Article 5(3) to apply. Furthermore, the guidelines state that the article is applicable to tracking pixels, tracking links, device fingerprinting techniques, certain local processing, IoT reporting, and certain instances of IP tracking. The guidelines are open for public consultation until December 28, 2023.

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