The e-Privacy Regulation: Where are we heading?

Changes to cookie consent and cookie walls are to be watched carefully. By Roberto Yunquera Sehwani, Laura Brodahl and Lore Leitner of Wilson Sonsini Goodrich & Rosati.

On 10 February 2021, the Council of the European Union (Council) published its draft of the Regulation on Privacy and Electronic Communications (e-Privacy Regulation) (the Council Position).(1) The e-Privacy Regulation will repeal Directive 2002/58/EC (e-Privacy Directive),(2) and regulate electronic communications data. The adoption of the Council Position is a critical step towards a final Regulation. The European Parliament (Parliament) and the Council will now commence negotiations (so-called “trilogues”) with the European Commission (Commission) as mediator.

The e-Privacy Regulation will apply to electronic communications services, such as telecom operators, VoIP providers, and digital communication services (including web-based email and other messaging platforms). The Regulation will also significantly impact any use of cookies and other tracking technologies.

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