The Article 29 Working Party (WP29) has adopted an opinion on device fingerprinting. The Opinion addresses the applicability of Article 5(3) of the ePrivacy Directive 2002/58/EC, as amended by Directive 2009/136/ EC. Article 5(3) stipulates that Member States shall ensure that “the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user” is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information in accordance with Directive 95/46/EC6 (the Data Protection Directive), about the purposes of the processing. The key message of the Opinion is that Article 5(3) of the ePrivacy Directive is applicable to device fingerprinting.

Article 29 Working Party Press Release