--- visibility: public Id.: G-2023-02 Version no: 2 Publication Date: '2023-11-14' Latest Revision: '2024-10-07' Ext. Link: >- https://www.edpb.europa.eu/system/files/documents/2024-10/edpb_guidelines_202302_technical_scope_art_53_eprivacydirective_v2_en_0.pdf Publication Status: Adopted further to public consultation Language: English NoteType: Guidelines aliases: - Guidelines 02/2023 - Lignes directrices 2/2023 - >- EDPB Guidelines 02/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive tags: - Privacy - EDPB-Guidelines - Cookies - Online-tracking - ePrivacy icon: "\U0001F1EA\U0001F1FA" Date: '2023-11-14' title: EDPB Guidelines 2023-02 on Technical Scope of Art. 5(3) of ePrivacy Directive modified: null --- # EDPB Guidelines 2023-02 on Technical Scope of Art. 5(3) of ePrivacy Directive Version 2.0 - Adopted on 7 October 2024 ### Executive summary _In these Guidelines, the EDPB addresses the applicability of Article 5(3) of the ePrivacy Directive to different technical solutions. These Guidelines expand upon the Opinion 9/2014 of the Article 29 Working Party on the application of ePrivacy Directive to device fingerprinting and aim to provide a clear understanding of the technical operations covered by Article 5(3) of the ePrivacy Directive._ _The emergence of new tracking methods to both replace existing tracking tools (for example, cookies, due to discontinued support for third-party cookies by some browser vendors) and create new business models has become a critical data protection concern. While the applicability of Article 5(3) of the ePrivacy Directive is well established and implemented for some tracking technologies such as cookies, there is a need to address ambiguities related to the application of the said provision to emerging tracking tools._ _The Guidelines identify three key elements for the applicability of Article 5(3) of the ePrivacy Directive (section 2.1), namely ‘information’, ‘terminal equipment of a subscriber or user’ and ‘gaining access and ‘storage of information and stored information’. The Guidelines further provide a detailed analysis of each element (section 2.2-2.6)._ _In section 3, that analysis is applied to a non-exhaustive list of use cases representing common techniques, namely:_ * _URL and pixel tracking_ * _Local processing_ * _Tracking based on IP only_ * _Intermittent and mediated Internet of Things (IoT) reporting_ * _Unique Identifier_ [Go to the full Guidelines]().