Leaked EU proposal: Regulation for the revision of e-Privacy Directive

The EU Commission’s draft proposal for the revision of the e-Privacy Directive suggests GDPR-style fines and a Regulation, directly applicable in all the European Union Member States, rather than a Directive. While the formal proposal is expected in January, the draft gives an indication that the Commission wants to apply the GDPR’s consent requirements. However, direct marketers would be able to rely on a soft opt-in.

The proposal would make some changes to the controversial cookie rules. For example, in the context of online shopping, when individuals add items to a shopping cart, cookie consent would not be required.

The proposal seeks consistency with the GDPR. It would also apply the extra-territorial rule, in that the Regulation would apply to electronic communications data processed in connection with the provision and use of electronic communication services in the EU, regardless whether or not the processing takes place in EU territory.

The scope of the Regulation would extend to web mail, VoIP, instant and social media messaging.

See http://www.politico.eu/wp-content/uploads/2016/12/POLITICO-e-privacy-directive-review-draft-december.pdf