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ePrivacy Regulation (ePR)

The ePrivacy Regulation protects the confidentiality of electronic communications, such as text and voice communications via the internet. It was originally scheduled to come into law at the same time as the GDPR (May 25 2018) for European Economic Area countries, but it has been delayed and is not yet finalized.

The Regulation is targeted at companies who provide communications tools so it should not apply to services like Clicky, but even so:

- The ePR allows for "cookies used by a website to count the number of visitors", aka, Unique ID cookies, which are the only cookies we set that could be considered "Personal Data";

- ePR article 8, paragraph 1, point d, amendment 89: "... the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the user concerned shall be prohibited, except ... if it is technically necessary for measuring the reach of an information society service requested by the user, provided that such measurement is carried out by the provider, or on behalf of the provider". In other words, tracking information on visitors to a web site (information society service) is allowed if it's to measure the traffic (reach) of the site and such measurement is carried out by the site (first party analytics) or on behalf of the site (provider) (third party analytics, like us).

We are not lawyers and this is not legal advice. Consult your attorney.