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EU

ePrivacy cookie rule

Directive 2002/58/EC on privacy and electronic communications (ePrivacy Directive), Article 5(3)

Confirmed by two sources. Last verified 10 October 2026

Next full re-check due: . Regulator news is checked monthly; changes are logged in the change log.

Cite this page: GlanceDesk Jurisdiction, “ePrivacy cookie rule (European Union (EEA))”, glancedeskjurisdiction.com/laws/eu-eprivacy-cookies, last verified 10 October 2026.

European Union (EEA) Privacy

Status
In force since 2002; cookie consent rule as amended by Directive 2009/136/EC (transposed from 2011).✓Sources: eur-lex.europa.eu, dlapiperdataprotection.com
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.✓Sources: eur-lex.europa.eu, edpb.europa.eu, hunton.com
Size thresholds
None — applies regardless of size.✓Sources: eur-lex.europa.eu, edpb.europa.eu
Regulator
National authorities designated in each Member State (often the DPA, sometimes telecoms/consumer regulators)✓Sources: eur-lex.europa.eu, iapp.org
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.✓Sources: eur-lex.europa.eu, edpb.europa.eu, dlapiperdataprotection.com
Maximum penalty
Set nationally; must be effective, proportionate and dissuasive (varies by country).✓Sources: eur-lex.europa.eu, iapp.org

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

What you must do✓

Recent changes

EDPB Guidelines 2/2023 (final version adopted 7 Oct 2024) confirm Art 5(3) covers pixels, URL tracking, IP-based tracking and IoT. Digital Omnibus (Nov 2025, still pending Oct 2026) proposes consent exemptions (e.g. audience measurement, security) and browser-level consent signals.✓

Sources

Sources used for the independent check (12)

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

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.