Compliance ChecklistEU

EU ePrivacy Directive Compliance Checklist

This checklist helps review cookies, pixels, SDKs, device identifiers, direct marketing, communications confidentiality, consent records, and GDPR follow-on processing.

Built for privacy, product, marketing, web engineering, app engineering, security, and data governance teams that need auditable ePrivacy decisions without country-specific penalty assumptions.

Author
Sorena AI
Published
May 9, 2026
Updated
Oct 15, 2026
Overview

Complete this checklist for one defined product, service, release, campaign, or vendor change. Start with : the endpoint device used to send, process, or receive information, such as a smartphone, laptop, connected car, or connected TV. Assign a named product, engineering, marketing, privacy, security, or local-market owner to each applicable branch; attach the evidence named in the checklist; record the Member State implementing law used for the final decision; and block release for unresolved consent-required storage or access. A branch is not complete merely because a cookie banner exists: communications-provider security, confidentiality, traffic and location data, direct marketing, terminal-equipment access, and later GDPR processing require separate findings where triggered. Reopen the checklist after a new purpose, tracker, SDK, vendor, communications feature, marketing channel, country launch, retention request, or material consent-interface change.

Section 1

1. Build a terminal equipment inventory

List every operation that stores information on, or gains access to information from, a user's or subscriber's . Do not limit the inventory to browser cookies: include pixels, tracked URLs, local storage, SDK identifiers, app permissions that send device-derived values back over a network, IoT reporting, and similar access patterns.

For each entry, record the product surface, domain or app package, triggering event, first or third party, information read or written, purpose, duration, recipient, vendor, and whether the operation starts before the user has made a consent choice.

  • Inventory cookies, pixels, tracking links, local storage, SDK identifiers, authentication tokens, advertising identifiers, analytics identifiers, and connected-device reporting.
  • Separate storage from access where different actors perform them, because Article 5(3) can apply even when storage and access do not happen in the same step.
  • Flag any item that collects identifiers from a browser, app, email, connected car, connected TV, smart device, or relay device and sends them to a remote endpoint.
  • Record whether the information is personal data, but do not use that as the only scope test; Article 5(3) uses the broader concept of information in .
Section 3

3. Test banner UX before release

Where consent is required, test the live banner and preference center, not only the CMP configuration. The user should understand the purpose of the request, be able to reject non-essential access, avoid pre-ticked opt-ins, and withdraw consent through an accessible route after giving it.

Block consent-requiring reads and writes until a positive consent action has been recorded. Do not rely on continued browsing, silence, hidden reject links, preselected categories, or a legitimate-interest toggle as the basis for Article 5(3) access.

  • Verify that no consent-requiring cookies, pixels, SDK calls, or tracked URLs fire before consent.
  • Show accept and reject choices in a way that does not make rejection materially harder to find or understand.
  • Keep category toggles off by default unless the category is genuinely exempt and clearly labelled as necessary.
  • Avoid designs that make users think consent is required to access content unless that claim is independently justified.
  • Make withdrawal as easy as giving consent, such as through a visible privacy settings link or equivalent persistent control.
Section 5

5. Review direct marketing and soft opt-in

Review every automated call, fax, email, SMS, and similar electronic-mail campaign before launch. Article 13 requires prior consent for direct marketing by automated calling systems, fax, or electronic mail, subject to the customer-contact for a seller's own similar products or services.

For , keep evidence that the contact details were obtained in the context of a sale, the sender is the same natural or legal person, the marketing concerns own similar products or services, and the customer had a clear, distinct, free, and easy objection opportunity at collection and in each message.

  • Classify campaign channel, recipient type, source of contact details, product relationship, sender identity, and opt-out mechanism.
  • Do not use for third-party offers, unrelated products, rented lists, or contacts collected outside the sale context.
  • Include a valid address or mechanism for recipients to request that marketing cease.
  • Do not disguise or conceal the sender identity on whose behalf the communication is made.
  • Separate EU-level Article 13 checks from local Member State choices for other forms of unsolicited communications.
  • Recipient scope: record whether the recipient is a natural person or legal-person subscriber and verify the applicable national protection for business marketing recipients under Article 13(5).
Section 6

6. Check communications confidentiality, traffic data, and location data

For communications services and features, review whether the service listens to, taps, stores, intercepts, monitors, records, analyzes, or otherwise accesses communications content or related traffic data. The ePrivacy Directive requires confidentiality of communications and related traffic data, subject to narrow exceptions such as user consent, legal authorization, technical storage necessary for conveyance, and lawful business recording for evidence of a commercial transaction or business communication.

For traffic data, location data, and value-added services, record the purpose, duration, user information, consent or anonymization basis, withdrawal route, and personnel restrictions. Do not reuse communications data for marketing, analytics, or value-added services without the required basis and transparency. If the organisation provides a publicly available electronic communications service, also run the Article 4 security and personal-data-breach branch.

  • Map communications content separately from related traffic data, billing data, fraud controls, and location data other than traffic data.
  • Confirm technical storage is limited to what is necessary to convey the communication.
  • Document any lawful business recording purpose and avoid treating it as a general monitoring permission.
  • For traffic-data marketing or value-added services, keep prior consent and withdrawal evidence.
  • For location data other than traffic data, use anonymization or consent and provide an easy, free way to temporarily refuse processing where applicable.
  • For an Article 4 personal data breach, keep the security-risk assessment, incident chronology, notification to the competent national authority without undue delay, the affected-subscriber notification decision, any technological-protection analysis, remedial action, and the breach inventory required by national implementation.
  • Provider breach timing: retain the detection decision, 24-hour authority-notification evidence where feasible, Annex I initial notice and follow-up within three days of that initial notice when staged reporting is needed, reasons for any missing information, and immediate handoff from contracted providers under Regulation (EU) No 611/2013.
Section 7

7. Tie ePrivacy decisions to GDPR follow-on processing

After Article 5(3) storage or access, map any personal-data processing that follows: analytics profiles, advertising audiences, attribution, product telemetry, security analytics, CRM enrichment, or data sharing. The ePrivacy access decision and the GDPR processing analysis are connected, but they are not the same record.

If Article 5(3) consent was required and was not validly obtained, do not assume the later GDPR processing can be repaired by legitimate interests. For personal-data processing that remains after lawful access, document the GDPR lawful basis, transparency, data minimization, retention, processor or controller role, transfer basis, and data-subject-rights handling.

  • Create one record for terminal-equipment access and a linked record for any later personal-data processing.
  • Use the same purpose taxonomy across banner text, consent logs, records of processing, vendor contracts, and data retention rules.
  • Check that consent withdrawal updates both terminal-equipment access and later processing that depends on consent.
  • Keep authority-competence assumptions separate; ePrivacy enforcement depends on national transposition, while GDPR competence remains for GDPR-only processing.
  • Escalate when one processing chain triggers both ePrivacy and GDPR but different teams own the controls.
Section 8

8. Close with an evidence pack

Close the checklist only when the evidence pack can explain the technical fact pattern, the ePrivacy decision, the user interface, the consent or exemption basis, the marketing rule, the communications-data rule, and the GDPR follow-on analysis without relying on tribal knowledge.

Reopen the checklist when a tag, SDK, campaign tool, CMP template, app permission, connected-device telemetry flow, vendor, recipient, purpose, retention period, or marketing audience changes.

  • Keep the terminal-equipment inventory, data-flow diagram, CMP configuration, tag scan, SDK scan, and consent-blocking test results.
  • Keep exemption memos for strictly necessary, transmission-only, authentication, security, UI preference, shopping basket, and media playback cases.
  • Keep banner screenshots, preference-center text, translations, rejection path tests, withdrawal tests, and pre-consent network traces.
  • Keep marketing campaign approvals, soft-opt-in evidence, opt-out suppression logs, sender identity checks, and message templates.
  • Keep communications confidentiality approvals, traffic-data and location-data basis checks, access restrictions, retention rules, and GDPR records linked to the same release or campaign.
Recommended next step

Review cookies, banners, campaigns, and communications data against cited ePrivacy sources

Sorena can help convert this checklist into inventory rows, consent and exemption decisions, banner tests, campaign approvals, and evidence records for your website, app, or connected service.

Primary sources

References and citations

edpb.europa.eu4 citations
Referenced sections
  • Cookie banner enforcement coordination material for reject options, pre-ticked boxes, misleading design, essential-cookie claims, and withdrawal.
  • Supports the banner checks for reject options, pre-ticked boxes, misleading design, essential-cookie claims, and withdrawal access.
  • Supports maintaining essential-cookie lists and withdrawal solutions that can be shown to authorities when requested.
Show 1 more
  • Confirms that GDPR applies to subsequent processing after Article 5(3) storage or access, including where consent is the legal basis.
"Cookie Banner Taskforce"
More quoted passages
"no cookies which require consent"
"maintain such lists"
"subsequent processing activities"
edpb.europa.eu4 citations
Referenced sections
  • Consent quality guidance for freely given, specific, informed, unambiguous, demonstrable, and withdrawable consent.
  • Supports the consent quality checks for freely given, specific, informed, unambiguous consent and demonstrability.
  • Supports the need to demonstrate valid consent, keep references, and provide easy withdrawal mechanisms.
Show 1 more
  • Supports applying GDPR consent conditions where marketing or tracking relies on consent.
"clear affirmative action"
More quoted passages
"demonstrate that valid consent was obtained"
"genuine choice"
eur-lex.europa.eu3 citations
Referenced sections
  • Amended Article 5(3) and Article 13 wording for terminal equipment consent, exemptions, direct marketing, soft opt-in, and sender identity.
  • Contains the amended Article 5(3) consent rule and the transmission and strictly-necessary exemptions.
  • Contains Article 13 rules for direct marketing consent, the customer-contact soft opt-in, objection rights, and sender identity.
"storing of information"
More quoted passages
"own similar products or services"
edpb.europa.eu3 citations
Referenced sections
  • Technical scope guidance for cookies, pixels, tracked URLs, identifiers, local processing, and IoT terminal-equipment access.
  • Supports the checklist scope for cookies, pixels, URLs, local processing, identifiers, and IoT access to terminal equipment.
  • Supports evidence requirements for technical scope decisions across cookies, pixels, identifiers, local processing, and IoT reporting.
"technical scope of Art. 5(3)"
More quoted passages
"not exclusively apply to cookies"
"four key elements"
ec.europa.eu3 citations
Referenced sections
  • Cookie exemption analysis for sole transmission purpose, strictly necessary service delivery, purpose separation, lifespan, analytics, advertising, and social plug-ins.
  • Supports the exemption checks for sole transmission purpose, strictly necessary service delivery, purpose separation, and cookie lifespan.
  • Supports evidence for exempt-purpose analysis, purpose separation, and strictly necessary decisions.
"Cookie Consent Exemption"
More quoted passages
"strictly necessary"
"purpose and the specific implementation"
digital-strategy.ec.europa.eu2 citations
Referenced sections
  • Historical Commission material about the proposed ePrivacy modernization and its policy focus on online privacy, communications confidentiality, and device protection.
  • Historical Commission material about the proposed ePrivacy modernization and its policy focus on communications confidentiality and information on users' devices.
"future proof legal framework"
eur-lex.europa.eu2 citations
Referenced sections
  • Primary directive text for confidentiality of communications, traffic data, location data, terminal equipment rules, and unsolicited communications.
  • Supports checks for communications confidentiality, traffic data, location data, security information, and direct marketing.
"confidentiality of communications"
edpb.europa.eu2 citations
Referenced sections
  • Interplay guidance for ePrivacy special rules, GDPR follow-on processing, authority competence, and coexistence between the two regimes.
  • Supports separating the ePrivacy special rule for terminal-equipment access from GDPR analysis of prior or subsequent personal-data processing.
"particularise and complement"
ec.europa.eu2 citations
Referenced sections
  • Historical Commission explanatory material about the then-proposed ePrivacy Regulation and its intended distinction from GDPR personal-data protection for communications confidentiality and user devices.
  • Historical Commission explanatory material about the then-proposed ePrivacy Regulation and its intended distinction from GDPR personal-data protection for communications confidentiality and devices.
"protects the confidentiality"
More quoted passages
"confidentiality of electronic communications"
eur-lex.europa.eu
Referenced sections
  • Directly applicable provider-breach rules: detection-based authority notification, staged reporting, subscriber notice, technological protection and immediate escalation by contracted providers.
Show all related guides (32)

EU ePrivacy Confidentiality of Communications: Article 5 controls

Article 5 confidentiality guide for EU ePrivacy communications, traffic data, metadata, terminal-equipment access, consent limits, and GDPR interplay.

EU ePrivacy consent-log evidence workflow for cookies and trackers

Build evidence that links each cookie or tracker decision to the banner shown, the user's signal, the live technical behavior, withdrawal, and later changes.

EU ePrivacy cookie banner UX test cases

Source-backed cookie banner UX tests for Article 5(3) ePrivacy consent: reject all, pre-ticked boxes, withdrawal, cookie walls, analytics toggles, and consent evidence.

EU ePrivacy Cookie Scope Classifier Workflow

Decide whether cookies, pixels, SDKs, local storage, identifiers, and analytics fall within Article 5(3), then document consent, an exemption, or escalation.

EU ePrivacy direct-marketing consent checklist

Checklist for ePrivacy Directive direct-marketing messages: consent, soft opt-in, sender identity, opt-out handling, proof records, suppression, and national-law caveats.

EU ePrivacy Directive compliance calendar for cookies, consent, and marketing

Source-backed ePrivacy calendar covering Directive milestones, Article 5(3) cookie reviews, consent evidence, direct marketing checks, and national-law follow-up.

EU ePrivacy Directive Compliance Guide for Cookies, Marketing, and Communications

Practical ePrivacy Directive compliance checks for terminal equipment, communications confidentiality, cookie consent, exemptions, direct marketing, evidence, and national-law caveats.

EU ePrivacy Directive Cookies and Consent: Article 5(3), exemptions, and banner evidence

Cookie consent guide for the EU ePrivacy Directive: Article 5(3) scope, strictly necessary and transmission exemptions, consent UX, withdrawal, logs, analytics caveats, and GDPR interplay.

EU ePrivacy Directive direct marketing rules for electronic mail

Source-backed guide to Article 13 ePrivacy Directive rules for electronic mail marketing, prior consent, customer soft opt-in, opt-out handling, sender identity, and Member State caveats.

EU ePrivacy Directive Enforcement and Fines

Source-backed guide to ePrivacy Directive enforcement, national penalties, competent authorities, GDPR interplay, cookie-banner risk, and evidence limits.

EU ePrivacy Directive FAQ: cookies, consent, marketing, GDPR interplay

Answers to recurring EU ePrivacy Directive questions on Article 5(3), terminal-equipment access, cookie consent, exemptions, analytics, direct marketing, GDPR interplay, national enforcement, and evidence.

EU ePrivacy Directive Member State Cookie Rules

How to evidence EU ePrivacy cookie compliance when Article 5(3) is implemented through Member State law and national authority practice.

EU ePrivacy Directive Metadata and Location Data Guide

Source-backed guide to EU ePrivacy Directive rules for traffic data, location data, anonymisation, consent, value-added services, Article 5(3) overlap, and national-law limits.

EU ePrivacy Directive penalties and fines: national enforcement caveats

Source-backed guide to ePrivacy Directive penalty exposure, national transposition caveats, cookie enforcement evidence, consent defects, and GDPR overlap limits.

EU ePrivacy Directive Requirements: cookies, communications and marketing

Source-backed map of EU ePrivacy Directive requirements for communications confidentiality, terminal-equipment access, consent, traffic and location data, and direct marketing.

EU ePrivacy Directive vs GDPR: cookies, communications, marketing, and evidence

Compare the EU ePrivacy Directive and GDPR by trigger, consent standard, lex specialis overlap, enforcement caveats, and evidence outputs for cookies, device access, communications, and marketing.

EU ePrivacy Directive vs UK PECR: cookies and direct marketing

Compare the EU ePrivacy Directive with current UK PECR rules for device storage and access, statutory exceptions, consent, electronic-mail marketing, soft opt-ins, and enforcement.

EU ePrivacy soft opt-in marketing checklist

Source-backed checklist for using the EU ePrivacy Directive soft opt-in exception for customer email marketing, opt-outs, sender identity, suppression records, and national-law caveats.

EU ePrivacy soft opt-in marketing review workflow

Decide whether an electronic-mail marketing audience meets every Article 13 soft opt-in condition, or must be suppressed or supported by valid prior consent.

EU ePrivacy Strictly Necessary Cookie Exemptions

Source-backed guide to the Article 5(3) ePrivacy exemptions for transmission cookies, requested-service cookies, analytics caveats, evidence, and national-law checks.

Are cookie walls allowed under the EU ePrivacy Directive?

FAQ answer on cookie walls under the EU ePrivacy Directive, covering freely given consent, refusal and withdrawal paths, banner evidence, and national-law caveats.

Do Analytics Cookies Require Consent under the EU ePrivacy Directive?

FAQ answer on analytics cookies under Article 5(3) ePrivacy, limited analytics exemptions, configuration evidence, consent logs, and national-law caveats.

EU ePrivacy soft opt-in FAQ for email marketing

When Article 13(2) soft opt-in can support EU customer email marketing, including existing-customer, similar-offer, opt-out, sender-identity, suppression-list, and national-law checks.

Is a reject-all button required for EU ePrivacy cookie consent?

Standalone FAQ answer on EU ePrivacy reject-all and refuse options for cookie banners, including equal prominence, deceptive UX, consent evidence, withdrawal, and national-law caveats.

Strictly Necessary Cookies under the EU ePrivacy Directive

FAQ answer on when EU ePrivacy Article 5(3) allows cookies without consent, with cited examples, analytics caveats, evidence records, and national-law cautions.

What should CMP consent logs retain under the EU ePrivacy Directive?

FAQ answer on CMP consent logs for EU ePrivacy cookie consent: retained fields, consent validity signals, banner versioning, refusal and withdrawal events, proof limits, and national-law caveats.