Commission announced the release of its Proposal for a Regulation of the European Parliament and of the Council on Privacy and Electronic Communications (Proposed Regulation), which is set to repeal Directive 2002/58/EC (ePrivacy Directive). The Proposed Regulation— as discussed previously on InfoBytes—is intended to update the current rules to keep up with technical developments and adapting them to the General Data Protection Regulation (GDPR).

Among other things, the Proposed Regulation will expand the scope of the ePrivacy rules to include internet-based voice and internet-messaging services, and to cover the content of communications, including metadata such as the time and location of a call. Furthermore, with regards to cookies, the Proposed Regulation does not require the consent of the user for non-privacy intrusive cookies, which either improve internet experience or measure the number of visitors to a specific website. The proposed Regulation also includes an opt-in requirement for telemarketing calls, unless national laws provide the recipient with a right to object. The Proposed Regulation also contains language extending the remedies currently provided under the GDPR.

Once passed, the Proposed Regulation would become effective on May 25, 2018. Links to other related documents and information may be accessed through the following links:

  1. Proposal for a Regulation of the European Parliament and of the Council
  2. Ex-post REFIT evaluation of the ePrivacy Directive 2002/58/EC
  3. Executive summary of the ex-post REFIT evaluation
  4. Impact Assessment – part 1
  5. Impact Assessment – part 2
  6. Impact Assessment – part 3
  7. Summary of the Impact Assessment