Home › Compare laws side by side › ePrivacy cookie rule vs EU GDPR

ePrivacy cookie rule vs EU GDPR

Directive 2002/58/EC on privacy and electronic communications (ePrivacy Directive), Article 5(3) (European Union (EEA)) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.

Topic	ePrivacy cookie rule European Union (EEA) ✓ Confirmed by two sources	EU GDPR European Union (EEA) ✓ Confirmed by two sources
Status	In force since 2002; cookie consent rule as amended by Directive 2009/136/EC (transposed from 2011).✓	In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓
Who it applies to	Anyone storing or reading information on users' devices in the EU (cookies, pixels, SDKs, fingerprinting, local storage), whether or not the data is personal.✓	Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓
Size thresholds	None — applies regardless of size.✓	None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓
Regulator	National authorities designated in each Member State (often the DPA, sometimes telecoms/consumer regulators)✓	National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reporting	N/A✓	Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓
Deadline to answer personal data requests	N/A✓	1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓
Data protection officer	N/A✓	DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓
Local representative	N/A✓	Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓
Sending data abroad	N/A✓	Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓
Cookies and consent	Prior consent, after clear and comprehensive information, is required to store or access information on a device. Exempt only: purely technical transmission, or what is strictly necessary for a service the user explicitly requested.✓	Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓
Maximum penalty	Set nationally; must be effective, proportionate and dissuasive (varies by country).✓	Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓

= confirmed by two independent sources, at least one official.

Facts marked “Being verified” are still being confirmed and are not given as answers.

Who each law applies to

ePrivacy cookie rule: Anyone storing or reading information on users' devices in the EU (cookies, pixels, SDKs, fingerprinting, local storage), whether or not the data is personal.
EU GDPR: Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.

What you must do under ePrivacy cookie rule

Block non-essential cookies and trackers until the user gives consent.
Explain what each cookie or tracker is for before asking for consent.
Make refusing as easy as accepting and let users withdraw at any time.
Treat tracking pixels, URL tracking and device identifiers as covered, not just cookies.
Audit tags and SDKs regularly; keep proof of consent.

Full ePrivacy cookie rule page, sources and checklist

What you must do under EU GDPR

Identify a lawful basis for every processing purpose and record it.
Publish a clear privacy notice covering purposes, recipients, retention and rights.
Keep a record of processing activities and sign Art 28 contracts with processors.
Run a DPIA before high-risk processing such as large-scale profiling or sensitive data.
Report qualifying breaches within 72 hours (lead authority, or every relevant DPA if you have no EU establishment) and log all breaches.
Answer access, erasure and other rights requests within one month.

Full EU GDPR page, sources and checklist

Partner

Termly

Set up a cookie consent banner and cookie policy for EU, UK and US visitors.

Set up your cookie banner with Termly

Partner link: we may earn a commission if you buy, at no extra cost to you. It never affects our legal content. Affiliate disclosure

Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@glancedeskjurisdiction.com.