EU ePrivacy Directive

The ePrivacy Directive, officially known as the Directive on Privacy and Electronic Communications, is a legislative act of the European Union that regulates the processing of personal data in the electronic communication sector. Adopted in 2002 and revised in 2009, it complements the general data protection framework set by the GDPR (General Data Protection Regulation).

The ePrivacy Directive is also widely known as the EU Cookie Law.

The directive covers various forms of electronic communications, including email, messaging services, and online tracking mechanisms like cookies.

Under the directive, 

• Websites and service providers must be transparent about their use of cookies and other tracking technologies. This includes providing clear and comprehensive information about the types of cookies used, their purpose, and how users' data will be processed.
• Consent must be obtained in a specific and granular manner. This means users should be able to choose which types of cookies they consent to rather than a one-size-fits-all approach. Consent must also be revocable at any time.
• Service providers must ensure the security and confidentiality of communications. This includes implementing measures to prevent unauthorized access and data breaches.
• Data should only be kept for as long as necessary for the specified purpose.

Overview of the main articles

The EU ePrivacy Directive consists of several key articles that outline specific guidelines and requirements for ensuring privacy in electronic communications. Here’s a summarized overview of the main articles:

Article 1: Scope and Aim

• Establishes the purpose of the directive, which is to protect the privacy of communications and related data.

Article 2: Definitions

• Provides definitions for key terms used in the directive, such as "electronic communications network," "location data," and "consent."

Article 3: Services

• Specifies that the directive applies to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks.

Article 4: Security

• Requires service providers to ensure the security of their services by implementing appropriate technical and organizational measures to protect personal data.

Article 5: Confidentiality of Communications

• Mandates that member states ensure the confidentiality of communications and related traffic data. Prohibits the interception and surveillance of communications without user consent, except for lawful interception by authorities.

Article 6: Traffic Data

• Regulates the processing of traffic data, which must be erased or anonymized when no longer needed for communication transmission, except for billing and interconnection payments.

Article 7: Itemized Billing

• Ensures that users have the right to receive non-itemized billing to protect their privacy, with the option to request itemized bills.

Article 8: Presentation and Restriction of Calling and Connected Line Identification

• Requires service providers to offer users the possibility to prevent the presentation of their calling or connected line identification.

Article 9: Location Data Other Than Traffic Data

• Stipulates that location data other than traffic data can only be processed if anonymized or with the user's consent, specifying the processing's purpose and duration.

Article 10: Exceptions

• Allows exceptions to the directive's provisions for national security, defense, public security, and the prevention, investigation, detection, and prosecution of criminal offenses.

Article 11: Technical Features and Standardization

• Encourages the development of technical features and standards that improve privacy protection in electronic communications.

Article 12: Directories of Subscribers

• Regulates the inclusion of personal data in publicly available directories, requiring users' consent for such inclusion and providing the right to verify, correct, or withdraw their data.

Article 13: Unsolicited Communications

• Prohibits the sending of unsolicited communications for direct marketing purposes without prior consent (opt-in), with specific rules for email and other electronic messaging systems.

Article 14: Technical and Organizational Measures for Data Retention

• Requires member states to ensure service providers implement measures to safeguard stored data against unauthorized access and processing.

Article 15: Implementation

• Mandates member states to adopt and publish the necessary laws, regulations, and administrative provisions to comply with the directive, ensuring its effective application.

How Finite State Helps You Comply with the EU ePrivacy Directive

Finite State can complement your data protection efforts by strengthening your data security capabilities, particularly by: 

• Enforcing Secure Coding Practices: Seamless integrations into existing CI/CD pipelines automatically analyze source code and compiled binaries for common security vulnerabilities and coding errors. This allows engineers to identify vulnerabilities hidden deep within legacy code and third-party libraries and detect and address issues early in the development process.
• Real-Time Threat Detection: Integrations with vulnerability databases provide up-to-date information on the latest threats and exploits, allowing for the proactive identification of potential risks before they can be exploited.
• Automate Vulnerability Identification: Using our advanced binary and source code SCA, vulnerabilities can be identified as they’re introduced across the SDLC to help teams keep applications secure.
• Comprehensive SBOM Solutions: Automatically generate Software Bill of Materials throughout the SDLC and easily compile detailed information on all components in your products, including open-source libraries, third-party dependencies, and custom code to improve transparency and identify potential security risks in your software supply chain.

Strong cybersecurity requires a collective effort. Talk to the team today to discover how Finite State can help you comply with the EU ePrivacy Directive.