Directive 2002/58/EC (as amended by Directive 2009/136/EC)

ePrivacy Directive

Directive — European Union
Effective: July 12, 2002 100 platforms tracked 1239 provisions indexed Enforced by: National Data Protection Authorities, National Telecom Regulators Last reviewed May 9, 2026

Overview

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.

Penalties

Set by national implementing legislation. Varies by EU member state.

Key Articles & Sections

Platforms We Track Subject to ePrivacy Directive

Recent Changes Related to ePrivacy Directive

ConductAtlas maps governance language to potentially relevant regulatory frameworks. Regulatory applicability and enforceability may vary by jurisdiction, enforcement context, and individual circumstances. This page is informational and does not constitute legal advice. Methodology

Provisions Governed by ePrivacy Directive (1239 across 100 platforms)

Restriction on Insurance Companies and Employers 23andMe
Medium
Intellectual Property License 23andMe
Medium
Terms Modification with Continued Use as Acceptance 23andMe
Medium
Broad Data Collection Across All Properties Activision
Medium
Marketing and Advertising Use of Data Activision
Medium
Acceptance by Use Activision
Medium
Cookie and Behavioral Tracking Activision
Medium
Legitimate Interests Legal Basis Adobe
Medium
Generative AI Training Prohibition (with Adobe Stock Exception) Adobe
Medium
Acceptable Use Policy Compliance Obligation Adyen
Medium
Card Scheme Rule Incorporation Adyen
Medium
Data Processing and Sharing with Card Schemes Adyen
Medium
KYC Identity Data Collection and Retention Adyen
Medium
Electronic Communications Consent Affirm
Medium
TCPA Automated Communications Consent Affirm
Medium
Electronic Records & E-SIGN Consent Affirm
Medium
SMS Consent Including Autodialer Use Afterpay
Medium
Continuing-Use Consent Afterpay
Medium
Electronic Consent Withdrawal Triggers Account Restriction Afterpay
Medium
Cookies and Automated Tracking Technologies Afterpay
Medium
Unilateral Modification of Terms AI21 Labs
Medium
Location Data Collection Airbnb
Medium
Airtable AI Terms Incorporation Airtable
Medium
Third-Party Integration Data Collection Authorization Airtable
Medium
Broad Royalty-Free Content License Amazon
Medium
User Content License Grant Amazon
Medium
Unilateral Modification of Terms Amazon
Medium
Client-Side Behavioral Telemetry Collection Amazon Marketplace
Medium
Automatic Information Collection and Device Data Amazon Marketplace
Medium
Cookies and Tracking Technologies Amazon Marketplace
Medium

Showing 30 of 1239 provisions. View all →

Related Regulations

Official Source

View official regulation text →

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Frequently Asked Questions

What does ePrivacy Directive require?

Which platforms does ePrivacy Directive apply to?

ConductAtlas tracks ePrivacy Directive-relevant provisions across 100 platforms. Each platform's specific provisions are classified by severity and mapped to ePrivacy Directive requirements.

How does ConductAtlas monitor ePrivacy Directive compliance?

ConductAtlas captures policy documents daily, classifies provisions by regulatory framework, and flags changes that affect ePrivacy Directive obligations. Every change is archived with cryptographic verification.