What to expect when you’re waiting for the ePrivacy Regulation

What to expect when you’re waiting for the ePrivacy Regulation

The large market operators, organizations and public bodies, are increasingly closer to the development of the well-known ePrivacy Regulation, which, as a consequence, will repeal the Directive 2002/58/CE. It was on February 10, 2021 when a new update was published in the proposal of the aforementioned Regulation by the Council of the European Union.

Originally, the aforementioned Regulation was expected to be ready in May 2018, with the entry into force of the GDPR, expected to be ready on the date of entry into force of the GDPR, however, it has dragged on for years.

What is the ePrivacy Regulation and when will it come into effect?

This Regulation is fundamentally based on the following points:

• Confidentiality of electronic communications.
• The user accepts cookies and other tracking methods.
• Processing of communication data and metadata authorized by the user. The Regulation extends the protection to metadata generated by users and their devices when they browse the Internet or connect to the Internet.
• Consent to receive commercial communications.

Currently, the Electronic Data Protection Regulation does not have a date of entry into force, since the proposal of the European Council of February is still only a proposal. Its text establishes that the Electronic Data Protection Regulation will enter into force 20 days after its publication in the Official Journal of the European Union and will apply two years later. However, it is difficult to estimate its possible date of entry into force, since the negotiations may differ significantly, and some European countries are expected to demand stricter data protection rules than the current proposals.

However, it is important to bear in mind that this regulation is only a draft and has not yet been approved by the Council, the Commission, or the European Parliament.

EU ePrivacy Regulation, cookies and its updates in 2021

The purpose of publishing this Regulation is, on the one hand, to increase the level of protection of electronic communications and, on the other hand, to promote business opportunities.

A high level of consumer protection will increase trust and security in the digital single market. In short, the new rules allow companies to innovate and find new industries related to Big Data.

What is the difference between the ePrivacy Regulation and the GDPR?

The ePrivacy Regulation, also known as the Electronic Privacy Regulation, is a special law of the GDPR, a supreme and specific law, but also complementary to the GDPR.

Although the GDPR is a rather general law, the Electronic Privacy Regulation establishes a specific regulation that focuses on protecting digital privacy and electronic communications. Its objective is to develop uniform rules for all EU member states to promote the functioning of the digital single market and guarantee the data protection and privacy of Internet users.

CEPD’s opinion on the 2021 ePrivacy Regulation proposal

The ECPD highlights that, in order to create a level playing field in the digital single market, it is essential to ensure a harmonized interpretation at EU level and the application of all provisions on data deletion contained in the Privacy Policy and electronic communications.

Oversight of privacy provisions should be left to the competent supervisory authorities under the GDPR to promote greater consistency.

The CEPD recalls that there is a clear link between the powers of the Authorities under the GDPR. The provisions of the future ePrivacy Regulation and electronic communications relating to the protection of privacy should not be applied in isolation as regards the processing of personal data and the GDPR.

At Letslaw by RSM we are experts in Data Protection, and we can advise you on all those aspects that you need in terms of privacy.