Nearly a year ago, on 10 January 2017, the EU Commission released the proposed ePrivacy Regulation (ePR). The three main areas covered by the legislation are the use of electronic communications data by telecommunications operators and other specified entities, the use of tracking applications, and unsolicited direct marketing communications.

The ePR aims to ensure a coherent, up-to-date framework capable of balancing economic interests and privacy rights of natural persons reflected in the Article 7 of the EU Charter of Fundamental Rights (CFR).  Concerns have arisen from many quarters, however, that the proposed ePR is too prescriptive in some respects and too ambiguous in others, including with respect to the way in which the ePR will interoperate with the GDPR and the draft EU Electronic Communications Code.
Continue Reading Proposed e-Privacy Regulation in Trilogue Phase Making May 2018 Enforcement Unlikely