The European Commission has strengthened the privacy rights of internet users. All companies now 

need to comply with EU and national legislation based on the EU Directive 2002/58/EC including 

amendments made with EU Directive 2009/136/EC, the so-called e-Privacy Directive. The following 

guidance relates to Article 5(3) of the e-privacy directive, amended by EU Directive 2009/136/EC 

(hereafter the Directive’) which impacts all website operators, including research companies: 

Article 5 (3): “Member States shall ensure that storing of information, or the gaining of access to 

information already stored, in the technical 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/EC2

, inter alia, about the purposes of the 

processing. This shall not prevent any technical storage or access for the sole purpose of carrying out the 

transmission of a communication over an electronic communication network, or as strictly necessary in 

order for the provider of an information society service explicitly requested by the subscriber or user to 

provide the service.”3

ESOMAR’s Guideline for Online Research4

 provides guidance for market researchers in addressing legal, 

ethical and practical considerations in using new technologies when conducting online research. 

This new Guide provides additional practical tips on how to understand Article 5 (3) of the Directive in 

particular rather than any of the other Articles.