| In November 2023, the European Data Protection Board (EDPB) published draft guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive (ePD). The issue is of major importance for all digital businesses. The EDPB’s narrow interpretation of the ePD with regard to cookies and similar technologies attracted a corresponding amount of attention. After a period of public consultation, the final version was adopted in October 2024. Despite much constructive feedback, the EDPB did not widen the interpretation, leaving options open for the adtech industry. However, three points were added. The EDPB clarified that the national competent authorities should issue guidance on exemptions from the consent requirement.Article 3 ePD even applies to devices which are not connected with a public network, as long as they have a network interface that allows this.IoT devices connected either directly or indirectly to a public network can be considered terminal equipment and fall within the technical scope.If you would like to analyse the impact on your business, please contact us. |