The purpose of this law is to ensure \u201crespect for privacy, confidentiality of communication and protection of personal data in the field of electronic communications\u201d in the EU.<\/p>\n
Once in operation, the ePrivacy Regulation will replace the\u00a0ePrivacy Directive<\/strong>\u00a0The Commission has been asked to take a decision on the application of the Directive to the public sector.\u00a0\u201cThe Cookie Act\u201d<\/strong>\u00a0(one of its most visible impacts has been the consent pop-ups of cookies, which make their appearance on most of the web home pages).<\/p>\n Once the ePrivacy Directive is replaced by the ePrivacy Regulation, the legislation will automatically be extended in all EU countries.<\/p>\n That is, in fact, the main difference between a regulation and a regulation. Directive: while regulations automatically become legally binding throughout the EU from the date of their entry into force, directives must be incorporated into the laws of the Member States themselves.<\/p>\n With a directive, countries are required to reach a result, but are free to choose how to do so. However, the regulation is not simply a stricter version of the directive.<\/p>\n The proposed law is based on a thorough evaluation of the directive, and addresses, on the one hand, the deficiencies of the directive and, on the other, the digital and legislative advances (such as GDPR) that have occurred since its last revision in 2009.<\/p>\n To date twodrafts: one of the\u00a0European Commission<\/a>\u00a0and another of\u00a0Community Parliament<\/a>.<\/p>\n National governments in all 28 Member States, including the United Kingdom, have had the opportunity to appeal the proposal for a regulation.<\/p>\n The EU Commission, the Community Parliament and the Council are currently in discussions, the so-called \u201ctrigger negotiations\u201d, which will result in the official text of the Regulation. The ePrivacy Regulation, originally planned to be adopted simultaneously with the entry into force of the GDPR, will probably be finalized throughout 2019.<\/p>\n A from there, will follow a period of adaptation before it becomes operational as a law of the EU.<\/p>\n As well as the GDPR, which was approved on 14 April 2016 and entered into force two years later, on 25 May 20162018.<\/p>\n Cookies are an important issue and controversial matter in the negotiations regarding the final drafting of the ePrivacy Regulation.<\/p>\n The proposed law seeks to address the \u201cfatigue of consent\u201d caused by the Cookie Act.<\/p>\n The problem with consent in the ePrivacy directive is that it has been interpreted in most countries as a requirement by aconsent banner as follows:<\/p>\n This has proven highly ineffective because:<\/p>\n The regulation is therefore trying to make changes in the way that the crawlers can request the consent of the establishment of cookies and to follow up users.<\/p>\n The assessment of the directive concludes that the current consent rule is both too inclusive and not exhaustive:<\/p>\n As mentioned above, the last word about the direct implications of the ePrivacy Regulation and its use of cookies still has to be said.<\/p>\n However, here is a list of requirements for cookies and online tracking of the latest draft.<\/p>\n AReaders familiar with GDPR requirements will notice redundancy. In fact, many of the rules in the ePrivacy Regulation are similar to those described by GDPR.<\/p>\n Thus, as we describe below in this article, the ePrivacy Regulation will complement (and invalidate) once in force the GDPR in cases of the electronic communications field.<\/p>\n The ePrivacy regulation originally aspired to be approved in the EU together with the implementation of GDPR on May 25, 2018.<\/p>\n However, it was soon found that this programme was too ambitious.<\/p>\n In the last notice, the regulation will be finalized throughout 2019.<\/p>\n Then, it will continue a period of adaptation, before the regulation isKEALITERAL0003TOKENIf we dare to take the GDPR process as an example, one may assume that the ePrivacy Regulation will enter into force in 2021.<\/p>\n However, there are indications that the ePrivacy Regulation will be even broader and more restrictive than the GDPR when it comes to preventing online monitoring and the protection of personal data on the internet.<\/p>\n both, it has met with the opposition of critics for counteracting the internet economy and paralyzing entire sectors, such as publishers and digital media.<\/p>\n 10 January 2017: First draft submitted by the EU Commission<\/strong><\/p>\n The first formal draft of the new ePrivacy Regulation is presented by the EU Commission. The proposed Regulation should replace the ePrivacy Directive (Directive 2009\/136\/EC) and clarify and supplement the GDPR, with regard to personal data from electronic communications.<\/p>\n 19 October 2017: Draft adopted in European Parliament<\/strong><\/p>\n After lengthy negotiations, the LIBE committee (Civil Freedom, Justice and Home Affairs) responsible for the ePrivacy Regulation in the Community Parliament voted on the draft. Faced with the surprise of the online industry, the virtually unchanged draft was adopted by the EU Parliament a week later. At the same time, the European Council also discussed the draft in a working group. Member states are invited to present their opinions until August 14.<\/p>\n 2018: Triangular dialogue between the Commission, Parliament and the Council<\/strong><\/p>\n With the adoption of the draft by the European Parliament, the order is given for the next stage of the process – the European Parliament’s negotiations with the European Council.<\/p>\n In 2018, so-called trilateral negotiations between the Commission, Parliament and the Council are still to be concluded.<\/p>\n 2019: Implementation<\/strong><\/p>\n The Commission has announced that it maintains its goal of May 25, 2018, and experts expect its implementation in 2019.<\/p>\n The official draft of the ePrivacy Regulation and its annexes can be found on the Europa Commission page.<\/p>\n On this page of the ongoing work of the regulation you can find:<\/p>\n The ePrivacy Regulation is a regulatory specialty (lex specialis) of the General Data Protection Regulation, which means that it complements GDPR with specific rules, which are specifically applied in the electronic communications sector.<\/p>\n As lex specialis invalidates GDPR in the specific areas it covers.<\/p>\n There are two laws because they derive from two laws.rights other than the Europe Charter of Human Rights:<\/p>\n The GDPR covers the right to protection of personal data, while the ePrivacy Regulation covers the right of the person to a private life, including confidentiality.<\/p>\n GDPR focuses on the definition and protection of personal data, e.g. health data, whether electronic or paper. ePrivacy Regulation, on the other hand, specialises GDPR by electronic communications and focuses on devices, processing techniques, storage, browsers, etc.<\/p>\n European Commission: Proposal for a Regulation on Privacy and Electronic Communications<\/a><\/p>\n Nice infographic illustration of the Trialogue Negotiations of the ePrivacy Regulation<\/a><\/p>\n ePrivacy.eu: Timeline info<\/a><\/p>\n i-SCOOP: The new EU ePrivacy Regulation: what you need to know<\/a><\/p>\n Digiday.com: On the consequences of the ePrivacy Regulation for advertisers, websites, browsers, etc.<\/a><\/p>\n Privacytrust.com: Simple explanation of the difference between GDPR and ePrivacy<\/a><\/p>\n Martechtoday: On the differences between the GDPR and the ePr<\/a><\/p>\n Marketingweek: About ePrivacy<\/a><\/p>\n Medium.com: Good article about consent<\/a><\/p>\n Publishers’ joint campaign against the ePrivacy Regulation<\/a><\/p>\nWhat does the ePrivacy Regulation entail for my use of cookies?<\/h3>\n
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Cookies Requirements: How can I prepare for the ePrivacy Regulation?<\/h2>\n
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When will the ePrivacy regulation come into force?<\/h3>\n
Timeline and Update: What is the status of the ePrivacy Regulations?<\/h2>\n
\nText: Where can I find the latest draft of the ePrivacy Regulation?<\/h3>\n
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What is the difference between the ePrivacy Regulation and GDPR?<\/h2>\n
\nWhat is the scope of the ePrivacy vs GDPR Regulation?<\/h3>\n
Sources<\/h2>\n
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