Glossary/Privacy and identity/ePrivacy Directive
What is the ePrivacy Directive and how does it affect advertising?
What the ePrivacy Directive says about cookies, how it works with GDPR, and what it means for publishers.
Written by Samhub with the help of AI·Updated 13 Oct 2026·3 min readThe ePrivacy Directive (2002/58/EC, often called the cookie law) is the EU law that requires consent before storing or reading information on a user’s device, unless it is strictly necessary for the service.
ePrivacy and GDPR
| ePrivacy Directive | GDPR | |
|---|---|---|
| Covers | Storing and reading data on devices | Processing personal data |
| Applies to | Cookies and similar tech, even without personal data | All personal data |
| Consent standard | Uses the GDPR definition | Freely given, specific, informed, unambiguous |
What it means for publishers
Necessary cookies
Logins and security can run without consent.
Everything else
Analytics and advertising cookies need consent first.
National rules
Each EU country implements it in its own law.
16 pages for publishers, with a checklist for data, programmatic and direct sales.
What changed
A planned ePrivacy Regulation was meant to replace the directive, but the European Commission withdrew the proposal in 2025. The directive and national laws still apply. Check current guidance from your national regulator.
Addressability at Stampen Media after moving its reader data into one layer with Samhub.
Frequently asked questions
Yes, the cookie rules come from its Article 5(3).
Yes, unless the cookie is strictly necessary.
It covers storing and reading data on the device. Personal data under GDPR still needs a legal basis.
National authorities, which differ by country.
Related terms
What GDPR means for cookies on your site.
Collects and stores readers’ consent choices.
Cookies set by the site the reader is visiting.
Any information that relates to an identifiable person.
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