The EU Council has proposed amendments to the draft ePrivacy Regulation (Regulation). It also mentioned that this is only the first redraft, but that revising the Regulation will be incremental.

Many of the amendments that have been proposed aim for a better alignment with the GDPR. This is for example the case with regard to the definition of consent. The proposed amendments also include the definition of Scope (both material as well as territorial), Confidentiality, Supervisory Authorities, as well as Class Action. Interestingly, the EU Council has not suggested any changes to the proposal to allow supervisory authorities to impose fines of up to €20 million or 4% of annual worldwide turnover, which is also in line with the fine provisions in the GDPR.

The proposed amendments will be discussed by the respective delegations later this month. We will of course update you on the outcome of this meeting.

The full text of the revised proposal can be found here