The following Commercial guidance note provides comprehensive and up to date legal information covering:
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.
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234