ePrivacy

ePrivacy

ePrivacy is a term used to describe the legal framework for the processing of personal data and privacy in the electronic communications sector. The protections that it creates stem from the rights to confidentiality of communications and protection of personal data enshrined under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.

ePrivacy is closely related to the broader data protection regime for the processing of personal data and, as a result, can rarely be considered in isolation. As explained below, the rules on ePrivacy are intended to ‘particularise and complement’ the data protection regime.

Directive 2002/58/EC (the ePrivacy Directive) is the key overarching legislation and forms part of the EU (and UK) regulatory framework for electronic communications. In the UK, the ePrivacy Directive was implemented by the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426. PECR 2003 was subsequently amended by the Data (Use and Access) Act 2025 (DUAA 2025), which received Royal Assent and came partly into force on 19 June 2025. DUAA 2025, Pt 5 serves to amend aspects of ePrivacy law in the UK,

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Latest TMT News

European Parliament approves opinion on EU digital age limits and online child protection

Members of the European Parliament have approved an opinion on the impact of social media and the wider online environment on young people, proposing stronger protection for minors, clearer responsibilities for online platforms and improved enforcement across the EU. The opinion supports establishing a common European age limit for social media, requiring users to be at least 16 unless parental authorisation is granted, and prohibiting access for children under 13, alongside effective and privacy-friendly age verification systems and more consistent enforcement of existing child protection laws. It calls on the European Commission to introduce further measures through a forthcoming EU Digital Fairness Act to address gaps in current legislation without creating unnecessary regulatory burdens, covering practices such as targeted advertising, influencer marketing, addictive design features, loot boxes, virtual currencies and misleading website design, and highlighting risks linked to artificial intelligence, including misinformation, manipulation and emotional dependency, with a request for strict safeguards.

Ofcom publishes annual report on Online Safety Act Technology Notice functions

The Office of Communications (Ofcom) has published its annual report under section 128 of the Online Safety Act 2023 covering its Technology Notice functions for the year ending 31 December 2025. The report confirms that Technology Notice functions remain inactive as prerequisite steps have not been completed, including finalisation of minimum standards of accuracy for detecting terrorism and child sexual exploitation and abuse (CSEA) content. Ofcom's consultation on Technology Notices closed in March 2025, receiving over 800 responses from stakeholders including civil society organisations, academics, charities and technology companies, with 782 responses relating to a civil society campaign supporting end-to-end encryption. Ofcom is reviewing stakeholder feedback and commits to publishing its advice to the Secretary of State on minimum standards of accuracy by April 2026, alongside final guidance for providers of regulated user-to-user and search services. The Technology Notice powers, when active, will enable Ofcom to require service providers to use accredited technology to identify and remove terrorism and CSEA content where considered necessary and proportionate.

TPC consults on amendments to Upper Tribunal Rules for Online Safety Act appeals

The Tribunal Procedure Committee (TPC) has opened a consultation on possible amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008 in light of new rights of appeal created by the Online Safety Act 2023 (OSA 2023). The OSA 2023 enables both service providers directly affected by Ofcom decisions and, in certain cases, persons with a ‘sufficient interest’ to appeal to the Upper Tribunal. The proposals focus on introducing a three-month time limit for applications for permission to appeal under section 168 by persons with a sufficient interest, and on revising the default position on costs in OSA 2023 cases. The consultation closes on 21 May 2026.

TMT weekly highlights—26 February 2026

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.