The ePrivacy Directive

The ePrivacy Directive, also known as the "cookie law," is an EU law that complements and enhances the GDPR when it comes to electronic communications. It sets specific rules for online privacy, particularly concerning cookies, online tracking, and direct marketing. While a refresh of the ePrivacy Directive is in the works (as of January 2025), the current directive still holds significant weight and affects how businesses interact with individuals online.  

What makes the ePrivacy Directive unique?

The ePrivacy Directive focuses on the confidentiality of communications and the protection of privacy in the digital world. It places specific restrictions on the use of cookies and similar technologies, requiring businesses to obtain informed consent before placing tracking technologies on users' devices. It also sets rules for direct marketing communications, such as email and SMS marketing.  

Key areas covered by the ePrivacy Directive:

  • Cookies and similar technologies: Websites and apps must provide clear information about the use of cookies and obtain consent before placing them on users' devices (with some exceptions).  

  • Direct marketing: Organizations must obtain consent before sending marketing emails or SMS messages to individuals.  

  • Confidentiality of communications: The directive protects the confidentiality of electronic communications, including emails, phone calls, and internet browsing data.  

Why is the ePrivacy Directive important?

The ePrivacy Directive plays a crucial role in protecting individuals' online privacy and ensuring they have control over their personal data in the digital world. Non-compliance can lead to:  

  • Fines and penalties: Enforcement varies across EU member states, but fines can be significant.

  • Reputational damage: Loss of customer trust and negative media attention.  

  • Legal challenges: Complaints from individuals and investigations by data protection authorities.

  • Loss of valuation: Just like with the GDPR, failure to implement compliance policies can lower the valuation of your company because investors and buyers care whether your business complies with the ePrivacy Directive.

This is where a Chief Privacy Officer (CPO) can help ensure your digital practices align with the ePrivacy Directive and other relevant regulations.

Don't let ePrivacy compliance be a burden. A CPO can help you turn data privacy into a strategic advantage, building trust with your customers and fostering a culture of responsible data handling.

Need help finding the right CPO for your organization? Aetos Data Consulting specializes in providing fractional CPO services, providing access to experienced professionals. Contact us today to learn more.