On 14 March 2017 the European Data Protection Supervisor (the "EDPS") published its opinion on data protection aspects of a proposed directive on certain aspects concerning contracts for the supply of digital content (the "Opinion").

The Opinion recommended that the EU apply the GDPR as the means for regulating personal data use and that it avoids any new proposals that result in overlapping initiatives, with reference to the proposed new e-privacy directive currently under discussion.

The Opinion examined how the proposed directive sits with the GDPR. The definition of personal data is broad and aligns with the definition under the GDPR and the strict processing conditions in the GDPR would not require amendment or addition under the proposed directive. Under the proposed directive, the rights given to consumers to obtain their data from the supplier at termination of the contract and the obligation for the supplier to refrain from using data potentially overlap with the rights of access and portability under the GDPR.

Organisations should monitor the progress and outcomes of the proposed directive and consider any implication that this will have on business activity and data handling.

The Opinion can be read here.