International Privacy Law

ePrivacy Directive

The EU cookie law. Prior consent before storing or reading anything on a device, enforced by national regulators like the CNIL.

ePrivacy Directive requirements

The ePrivacy Directive is the European rule that governs cookies and every other technology that stores or reads information on a user's device. Article 5(3) requires prior, informed consent before any such storage or access, with an exception only for what is strictly necessary to deliver a service the user requested. Each member state implements it through national law and its own regulator, which is why cookie enforcement comes from the CNIL in France, the Garante in Italy, or the Datatilsynet in Denmark rather than from a single EU body. The CNIL alone has fined Google, Meta, Microsoft, and others more than €400 million for consent-banner defects. A proposed ePrivacy Regulation to replace the directive was withdrawn in 2025, so the directive stays in force. The test it imposes is technical: did anything write to or read from the device before the user said yes?

ePrivacy Directive articles and analysis

Visualization of third-party scripts, tracking pixels, fingerprinting, and cookie data flows between websites and external vendors
Blog 7 Regulations

Cookie Compliance in 2026: Why Consent Banners Don’t Prevent Enforcement Actions

Consent banners alone do not guarantee cookie compliance. Regulators now focus on actual third-party data flows, tracking pixels, cookie syncing, fingerprinting, and unauthorized data sharing....

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Executive silhouette behind bars representing criminal risk under global privacy laws
Blog 13 Regulations

The Privacy Laws That Can Send Executives to Prison

Executives face criminal liability under global privacy laws, including prison sentences in the U.S., EU, and beyond. This guide breaks down where the risk exists...

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Server-side fingerprinting illustration showing anonymous user session linked through network connections and device signals
Blog 3 Regulations

Server-Side Fingerprinting Explained: How Tracking Works Without Cookies

Server-side fingerprinting links user sessions even when browser signals change. This post explains how it works, why traditional defenses fail, and the risks it creates...

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GDPR Enforcement Trends
Blog 3 Regulations

What Changed in GDPR Enforcement in 2025? How Regulators Shifted from Policy Audits to Operational Accountability

By 2025, European regulators made a clear shift in approach: compliance is no longer judged by the wording of a privacy policy, but by the...

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Illustration of fingerprint
Blog ePrivacy Directive GDPR | EU / EEA

What Is Device Fingerprinting and Why Can’t Your Consent Tool Stop It?

A report out of Carnegie Mellon’s School of Public Policy found that “87% (216 million of 248 million) of the population in the United States...

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Diagram of tag piggbacking
Blog ePrivacy Directive GDPR | EU / EEA

What Is Tag Piggybacking and How Does It Create Privacy Compliance Risk?

Your enterprise website is connected to a massive, constantly changing, interconnected, and partially hidden ecosystem of JavaScript tags. Often piggybacked to each other, these tags...

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Digital map showing data points
Blog 3 Regulations

Does Your Consent Management Platform Work the Same in Every Country?

As various countries and states develop their own privacy laws, one-size-fits-all consent management solutions aren’t always enough. As a result, enterprise websites have begun tailoring...

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Person looking at picture frames
Blog ePrivacy Directive GDPR | EU / EEA

Can iFrames Place Cookies on Your Site Without User Consent?

If your site streams video or audio content, displays social feeds, serves up dynamic maps, news, ads or data, then it likely uses iframes. Most...

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Mouse cursor moving towards unlock icon
Blog ePrivacy Directive GDPR | EU / EEA

What Are ETags and How Can Third-Party Vendors Use Them to Track Your Users?

Third-party cookies are on their way out, but does that mean tracking users will also crumble (see what I did there?). Probably not. There are...

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