ChecklistEU

EU ePrivacy Directive Checklist

A practical checklist for building an audit-ready consent and marketing evidence program.

Scope -> decide consent vs exemptions -> implement banner UX -> prove outcomes with logs.

Author
Sorena AI
Published
Feb 21, 2026
Updated
Feb 21, 2026
Sections
5

Structured answer sets in this page tree.

Primary sources
3

Cited legal and guidance references.

Publication metadata
Sorena AI
Published Feb 21, 2026
Updated Feb 21, 2026
Overview

Use this checklist as a program template. Your goal is to make ePrivacy compliance reproducible: every tracker has a documented consent/exemption decision, the banner behaves as specified, consent logs are exportable, withdrawals are honored, and direct marketing uses a provable consent/soft opt-in model with suppression lists.

Section 1

1) Build a tracker inventory + decision table (Article 5(3))

If you can't list your trackers, you can't comply. Start with a complete inventory and map each item to consent or an exemption.

Treat the decision table as a controlled artifact (approvals + version history).

  • Inventory: cookies, pixels, local storage, SDKs, device IDs, fingerprinting techniques.
  • Fields: purpose, category, lifetime, setter, recipients, markets, and where it runs (web/app).
  • Decision: consent required vs exemption (transmission / strictly necessary) with reasoning.
  • Change triggers: new vendor, new tag, new purpose, new SDK version -> must update table.
Section 4

4) Direct marketing controls (Article 13) - consent/soft opt-in + suppression lists

Marketing compliance is an operational system. Your most important artifact is a suppression list you never override without evidence.

Build "one-click opt-out" per channel and make it measurable.

  • Define legal model per channel and market (consent vs soft opt-in where applicable).
  • Store consent wording versions and capture flows; ensure opt-out is present in every message.
  • Suppression list governance: access controls, audit logs, and vendor enforcement.
  • Vendor controls: DPAs and contracts for email/SMS providers; ensure suppression propagation.
Section 5

5) Enforcement readiness (your response pack)

If you get a complaint or inquiry, speed and coherence matter.

Build an export pack and rehearse it.

  • Export the tracker decision table + CMP config snapshot + consent log schema + sample exports.
  • Provide banner UX spec and test results for critical flows.
  • Provide direct marketing evidence (consent model + opt-out + suppression governance).
Recommended next step

Turn EU ePrivacy Directive Checklist into an operational assessment

Assessment Autopilot can take EU ePrivacy Directive Checklist from turning this checklist into an operational workflow to a reusable workflow inside Sorena. Teams working on EU ePrivacy Directive can keep owners, evidence, and next steps aligned without copying this guide into separate documents.

Primary sources

References and citations

Related guides

Explore more topics

Confidentiality of Communications (ePrivacy Directive) | Traffic Data, Location Data, Content, and the OTT Gap
A practical guide to communications confidentiality under the current ePrivacy Directive, Directive 2002/58/EC: how to classify content, traffic data.
Cookies & Consent (ePrivacy Directive Article 5(3)) | Exemptions Test, Analytics, CMP Implementation
An advanced guide to cookie consent under the ePrivacy Directive (Directive 2002/58/EC): how Article 5(3) applies to cookies/SDKs/local storage.
Direct Marketing Consent Checklist (ePrivacy Article 13) | Proof, Opt-Out, Suppression Lists
A practical direct marketing consent checklist for ePrivacy (Directive 2002/58/EC, Article 13): consent capture fields, wording/version control.
Direct Marketing Rules (ePrivacy Directive Article 13) | Consent, Soft Opt-In, Opt-Out, Suppression Lists
A practical guide to ePrivacy direct marketing rules (Directive 2002/58/EC, Article 13): when prior consent is needed.
ePrivacy Applicability Test (Directive 2002/58/EC) | Cookies Article 5(3), Marketing Article 13, Metadata
A practical EU ePrivacy applicability test: decide whether your product triggers terminal equipment access rules (cookies/SDKs/local storage/fingerprinting.
ePrivacy Compliance Program | Cookies, Consent UX, Evidence, Marketing Controls (Directive 2002/58/EC)
A practical ePrivacy implementation playbook: governance, tracker inventory and Article 5(3) decision table, cookie banner and CMP design.
ePrivacy Deadlines and Compliance Calendar | Directive Baseline, Banner Audits, Marketing Audits
A practical ePrivacy calendar built around the current directive baseline and recurring controls: the 2002 directive, the 2009 cookie amendment.
ePrivacy Directive Enforcement (Cookies + Marketing) | How Regulators Assess Cookie Banners, Consent, and Evidence
An advanced guide to ePrivacy Directive enforcement: who enforces national ePrivacy laws, what regulators look for in cookie banners and consent UX.
ePrivacy Directive Penalties and Fines | What "Effective, Proportionate, Dissuassive" Means + Risk Reduction Controls
Understand penalties and fine exposure under national laws implementing the ePrivacy Directive (Directive 2002/58/EC).
ePrivacy Directive Requirements (2002/58/EC) | Article 5(3) Cookies, Article 13 Marketing, Metadata + Evidence Map
A practical ePrivacy Directive requirements breakdown: terminal equipment access and cookie consent/exemptions (Article 5(3)).
ePrivacy Directive vs GDPR | Which Law Applies to Cookies, Tracking, Communications Metadata, and Marketing?
A practical, source-grounded split between the ePrivacy Directive and GDPR: ePrivacy for placement/reading on devices and communications confidentiality.
ePrivacy FAQ (Directive 2002/58/EC) | Cookies, Consent Exemptions, Cookie Walls, Marketing, Enforcement
High-signal ePrivacy answers: when cookies/SDKs need consent (Article 5(3)), what counts as strictly necessary (WP29 WP194).
ePrivacy vs GDPR (Cookie Stack Blueprint) | Align Consent UX, Tag Firing, Processing Purposes, and Evidence
A combined ePrivacy + GDPR implementation blueprint for cookies, tracking, and marketing.
EU Cookie Banner Requirements | ePrivacy Directive + GDPR Consent (EDPB) | UX Patterns + Test Cases
A practical cookie banner and CMP requirements guide: acceptance/reject parity, granularity, clear purposes, vendor transparency, no pre-ticked boxes.