Hunton Andrews Kurth writes:
On November 16, 2023, the European Data Protection Board (“EDPB”) published its Guidelines 2/2023 on the Technical Scope of Art. 5(3) of the ePrivacy Directive (the “Guidelines”).
Article 5(3) of the ePrivacy Directive is most commonly known for establishing the cookie notice and cookie consent requirements in the EU. That said, Article 5(3) of the ePrivacy Directive applies to more than just cookies. Article 5(3) provides that: “[…]the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information.”
Read more at Privacy & Information Security Law Blog.