European developments

Earlier this year the European Commission has published a proposal for a ‘Regulation on Privacy and Electronic Communications’ (the ePrivacy Regulation). The ePrivacy Regulation will supersede the ePrivacy Directive (Directive 2002/58/EC) and legislation of EU Member States based thereon. The ePrivacy Regulation is lex specialis to the GDPR and will particularise and complement it as regards electronic communications data that qualify as personal data. The Article 29 Working Party (WP29) adopted an Opinion last April on the proposal for ePrivacy Regulation and raised several concerns, such as around WiFi tracking.