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CJEU: ePrivacy Art. 5(3) covers any info stored on terminal equipment, not just personal

The restrictions of Article 5(3) of the ePrivacy Directive apply to any information stored in a terminal equipment, regardless of whether or not it is persona.

Original title: BUNDESVERBAND DER VERBRAUCHERZENTRALEN UND VERBRAUCHERVERBANDE —BERBRAUCHERZENTRALE BUNDESVERBAND V. PLANET49 GmbH (“PLANET49”)

Judgment

Material scope
AG Opinion
Summary

(¶70)

Full text

summary
The restrictions of Article 5(3) of the ePrivacy Directive apply to any information stored in a terminal equipment, regardless of whether or not it is persona. (¶70)
¶70 excerpt
That interpretation is borne out by recital 24 of Directive 2002/58, according to which any information stored in the terminal equipment of users of electronic communications networks are part of the private sphere of the users requiring protection under the European Convention for the Protection of Human Rights and Fundamental Freedoms. That protection applies to any information stored in such terminal equipment, regardless of whether or not it is personal data, and is intended, in particular, as is clear from that recital, to protect users from the risk that hidden identifiers and other similar devices enter those users’ terminal equipment without their knowledge.

GDPR Articles Cited (1)

How it connects

Guidelines 06/2020 interplay of the Second Payment Services Directive and the GDPR Guidelines on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR Guidelines Dec 15, 2020 International Transfer GDPR Article 5 Principles of Processing Personal Data
Guidelines 2/2019 processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects 1 Adopted Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects Version 2.0 8 October… Guidelines Oct 16, 2019 Personal Data Processing Child Consent
Guidelines 05/2020 consent under Regulation 2016/679 Guidelines on consent Guidelines May 4, 2020 Consent Data Portability Personal Data