ePrivacy Regulation—timeline
ePrivacy Regulation—timeline

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • ePrivacy Regulation—timeline
  • Latest position
  • Key developments

This timeline sets out key dates and information relating to the draft ePrivacy Regulation as it progresses through the EU legislative procedure. It includes consultations, discussion drafts, progress reports and opinions.

Once in force, the ePrivacy Regulation will replace Directive 2002/58/EC (the ePrivacy Directive). It covers privacy and related aspects of online communications, direct marketing, analytics, spamming and cookies.

Its scope is wider than the ePrivacy Directive and it will apply to all electronic communications service providers in the EU, as well as non-EU providers providing such services to EU residents. That includes ‘over-the-top’ communications providers (such as WhatsApp or Facebook Messenger), as well as organisations providing customer wi-fi access and machine-to-machine communications.

Latest position

The draft regulation remains in the Council of the EU where it has been under discussion since the European Parliament adopted its position in October 2017.

The next stage of the legislative process will be trialogue discussions between the European institutions, but the Council has not yet been able to agree a general approach. Finland took over the presidency from Romania on 1 July 2019 and continues to seek a compromise on a number of contentious areas including the extent to which providers will be permitted to process electronic communications data in order to detect or delete child abuse imagery.

It has been reported that failure to agree on