No tracking pixel before the click.

ePrivacy Directive Article 5(3): storing or reading information on a device needs consent after clear information — except strictly necessary storage.

European Union GDPR ePrivacy Directive Article 5(3)

The rule.

Directive 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009 · ePrivacy Directive Article 5(3)

“is only allowed on condition that the subscriber or user concerned has given his or her consent”

Verbatim extract, read on 4 November 2026 from the source below. Everything else on this page is NorthPoint’s plain-English reading.

What it requires.

  • Consent, after clear and comprehensive information including the purposes, before storing information on, or reading it from, the user's terminal equipment.
  • Two exemptions only: storage or access solely to transmit a communication, and storage or access strictly necessary for a service the user explicitly requested. Analytics and advertising tags are neither.

Who it applies to.

Any website or app storing or accessing information on a user's device — cookies, pixels, SDKs, local storage — for users in the EU. Applies through national law.

Common violations in marketing copy.

Violation pattern · fires on load

Ad pixel and analytics tag fire before the banner is answered

Information is stored or read before consent.

Violation pattern · accept-only banner

'We use cookies. OK'

No real choice and no purpose information.

Non-compliant vs compliant.

Non-compliant · example written by NorthPoint

“By continuing to browse you accept all cookies.”

Compliant · example written by NorthPoint

“We'd like to use analytics and advertising cookies to measure campaigns. [Accept] [Reject] [Choose] — nothing loads until you choose.”

Related rules.

Source.

InstrumentDirective 2002/58/EC (ePrivacy Directive), consolidated version of 19.12.2009
ProvisionePrivacy Directive Article 5(3)
Primary sourcehttps://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002L0058-20091219
Read fromEUR-Lex consolidated text
Checked

This page is general, sourced information for marketing teams, not legal advice. The examples are written by NorthPoint to illustrate the rule; for a binding view on your own promotion, retain qualified counsel in the jurisdiction concerned.

Know before a regulator does.

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