On Wednesday, 16 October 2024, the European Data Protection Board (EDPB) published version 2.0 of its Guidelines on the technical scope of Article 5(3) of the ePrivacy Directive. The updated Guidelines address the emergence of new tracking methods replacing existing methods, such as third-party cookies. These include technologies such as
- URL and pixel tracking;
- local processing;
- tracking based on IP only;
- intermittent and mediated Internet of Things (IoT) reporting;
- unique identifiers.
The Guidelines also identify that the three key elements for the applicability of Article 5(3) of the ePrivacy Directive are:
- The operations carried out relate to information (not personal data);
- The operations carried out involve the terminal equipment of a subscriber or user;
- The operations carried out constitute either storage or gaining of access (referred to as accessing entity).
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