ePrivacy: Key Definitions
Key Definitions [Art 2]
Rule: Understanding these definitions determines whether the ePrivacy Directive applies to your activities.
Core Terms
| Term | Definition | Citation |
|---|---|---|
| Electronic communications service | Service consisting wholly or mainly of conveyance of signals on electronic communications networks | Art 2(c) |
| User | Any natural person using a publicly available electronic communications service | Art 2(a) |
| Subscriber | Any natural or legal person who is party to a contract with a provider | Art 2(k) |
| Traffic data | Data processed for conveyance of a communication or billing | Art 2(b) |
| Location data | Data indicating geographic position of terminal equipment | Art 2(c) |
| Communication | Any information exchanged or conveyed between parties via electronic communications service | Art 2(d) |
| Consent | As defined in GDPR Art 4(11) — freely given, specific, informed, unambiguous | Art 2(f) via GDPR |
Cookies and Similar Technologies
The Directive doesn’t define “cookie” explicitly. Article 5(3) applies to:
- Cookies — text files stored on user’s device
- Web beacons / tracking pixels — embedded images for tracking
- Device fingerprinting — collecting device characteristics
- Local storage — HTML5 localStorage, sessionStorage
- Any information stored or accessed on user’s terminal equipment
What’s NOT Covered
The Directive does not apply to:
- Activities outside Community law (national security, defense)
- Activities of the State in criminal law areas
- Radio equipment and telecommunications terminal equipment