Set by the law · WP29 Opinion 9/2014, p. 4

Browser fingerprinting

In plain English

Combining a set of information elements to uniquely identify a particular device or app. EU regulators say the ePrivacy rule on accessing device information, which requires consent unless an exemption applies, covers it.

The official text

the combination of a set of information elements in order to uniquely identify particular devices or application instances, so-called “device fingerprinting”

Article 29 Working Party, Opinion 9/2014 on the application of Directive 2002/58/EC to device fingerprinting (WP224), p. 4ec.europa.eu ↗

The key message of this Opinion is that Article 5(3) of the ePrivacy Directive is applicable to device fingerprinting.

Article 29 Working Party, Opinion 9/2014 on the application of Directive 2002/58/EC to device fingerprinting (WP224), p. 3ec.europa.eu ↗

has already clarified that fingerprinting falls within the technical scope of Article 5(3) ePD

EDPB Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive, version 2.0, paragraph 2edpb.europa.eu ↗

Related

The official text is quoted word for word from the English version of the source named under it; only the version published in the Official Journal of the EU is legally binding. The plain-English line is Fino’s own summary, not legal advice.