European Union: Closed consultation on the guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive

On 28 December 2023, the European Data Protection Board (EDPB) closed consultation on the guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive. The Guidelines are addressed to data controllers and individuals and aim to provide legal certainty. The EDPB aims to clarify the technologies which are covered by Art. 5(3) of the ePrivacy Directive, particularly regarding new and emerging tracking techniques. The Guidelines define key concepts in Art. 5(3) of the ePrivacy Directive and exemplify a few use cases with common tracking techniques. Further, the Guidelines address possible solutions for new privacy risks that emerged due to the uncertainty regarding the scope of Art. 5(3) of the ePrivacy Directive.