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Changes in ePrivacy Regulation regarding electronic communications and digital marketing

On 26 July 2019, at the level of the Council, the Finnish government has issued a revised (Council) proposal for the e-Privacy Regulation with some amendments concerning electronic communication content, data & metadata, and further processing of metadata. This proposal will be discussed during a next Council meeting on 9 September 2019.

The Proposal has introduced a limited number of amendments. Most notable:

  1. Article 6 is divided into four distinct provisions, in order to clarify their respective scope by scope of data (all data, content, metadata).
  2. Data can only be processed (i) for the duration necessary for the permitted purposes and (ii) if those purposes cannot be fulfilled by processing information that is made anonymous.
  3. Targeted advertising might not constitute direct marketing communications.

Source: EUROPE: e-Privacy Regulation – changes regarding electronic communications and digital marketing