The ePrivacy Directive governs the processing of personal data and the protection of privacy in the electronic communications sector. Article 5(3) is particularly significant: it requires prior informed consent before storing or accessing information on a user's terminal equipment (cookies, tracking technologies, local storage), with narrow exceptions for storage strictly necessary to provide a service explicitly requested by the user. The Directive complements the GDPR and applies specifically to electronic communications, covering cookies, direct marketing, traffic data, and location data. A proposed ePrivacy Regulation intended to replace it has been under negotiation since 2017.
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