ePrivacy Directive · European Union and EEA

The tag fired before the banner.That is the whole problem.

ConsentCenter holds non-essential cookies and scripts until the visitor chooses, and only releases what they agreed to.

ePrivacy DirectiveEuropean Union and EEA3 provisions cited
  1. 01 Scan
  2. 02 Hold
  3. 03 Release

Click a provision to read what it says.

Most cookie banners ask after the fact.

The tracker has already loaded.

Article 5(3) is about storing or reading anything on the device, not only cookies, and it requires consent before that happens. A banner that appears while the analytics script is already running is asking permission for something it has done.

What breaks

Where this goes wrong first.

  1. Scripts load on page view

    Tags dropped into the template run before the visitor has seen any choice. The banner records a decision that changes nothing.

  2. “Strictly necessary” stretched to fit

    The exception is narrow: needed for the service the visitor asked for. Analytics and advertising rarely fit it, however they are labelled.

  3. Pixels and local storage forgotten

    The rule covers any storage or access on the device. A scan that only lists cookies misses the rest.

What changes

What changes for you.

  • Block non-essential cookies, scripts and pixels until consent.

  • Keep the strictly necessary category honest and documented.

  • Release only the categories the visitor accepted, and record it.

How it works

  1. Scan

    Find cookies, scripts and storage the site sets, and categorise them.

  2. Hold

    Block everything non-essential until the visitor makes a choice.

  3. Release

    Load only the accepted categories and keep a record of the choice.

Try it

How the banner should look.

A ConsentCenter banner set up for the ePrivacy Directive. Click it: accept, reject or open the preferences.

yourwebsite.com

We use cookies

We use cookies and similar technologies to run this site, measure usage, and improve your experience.

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Allowed to run: Strictly Necessary

What it is doing

  • Scripts, pixels and storage are held until the visitor chooses.
  • Strictly necessary cookies are the only category always on.
  • No optional category is pre-ticked, after Planet49.
  • Only the accepted categories are released afterwards.
Customise it in the playground
Not our opinion

What the text actually says.

ePrivacy Directive Article 5(3)
Storing information, or gaining access to information already stored, on a user’s terminal equipment is allowed only with consent after clear and comprehensive information.
Article 5(3), exemptions
Consent is not needed where the storage or access is for the sole purpose of carrying out a transmission, or strictly necessary to provide a service the user explicitly requested.
CJEU, Planet49 (C-673/17)
The Court of Justice held in 2019 that a pre-ticked checkbox does not constitute valid consent to cookies.

Paraphrased for brevity and provided for orientation, not as legal advice. Which obligations apply to your organisation is a question for your own counsel, and ConsentCenter does not determine it for you.

Help & answers

Frequently asked questions

No. It is a directive, so each member state implements it in national law, and regulators publish their own guidance. The core rule in Article 5(3) is shared; details such as reject-button expectations vary.

The proposed ePrivacy Regulation that would have replaced the Directive was withdrawn by the European Commission in 2025. The Directive and the national laws implementing it remain in force.

It can help you find and categorise them. Deciding whether a given cookie is strictly necessary for your service is a judgement you should make with your counsel.

Your next step

Bring us your ePrivacy Directive question.

Show us the consent question you cannot currently answer — the choice that did not propagate, the record you could not reproduce — and we will walk through exactly how ConsentCenter handles it.