What is the ePrivacy Regulation? | Hudson McKenzie

What is the ePrivacy Regulation?

The EU ePrivacy Regulation is the most recent data regulation to be proposed by the EU – so what exactly is it?

As most companies are still getting to grips with being GDPR compliant, the latest Data protection regulation to come out is now the ePrivacy Regulation.

The ePrivacy Regulation, like GDPR, relates to the protection of personal data within electronic communications, in which both are a part of the reformation of the EU Data Protection Framework. Simultaneously, it also repeals Directive 2002/58/EC. However the ePrivacy Regulation is set to override GDPR once fully implemented.

The Regulation was initially published in 2017 as a proposal, with motivations to update the EU’s ePrivacy Legal Framework overall, which were based upon the ePrivacy Directive or “Cookie Law”.

However by being a ‘Regulation’ rather than its predecessor ‘Directive’, this means that the ePrivacy Regulation is “self-executing” and becomes legally binding across the EU, unlike the directive which needed hands on implementation by EU Member States.

Therefore, the EU aims to strengthen its privacy rules for all electronic communications within the EU Digital Single Market by slowly implementing this regulation as an addition to GDPR and the initial ePrivacy Directive.

However at present, the Regulation is set to continue to be updated throughout the year, until it is officially finalised and published within the Official Journal of the European Union.

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