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EU Council releases revised draft ePrivacy Regulation

On 30 October, 2019, the Presidency of the Council of the European Union released revised text of the proposed ePrivacy Regulation (Regulation Concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications and Repealing Directive 2002/58/EC).

The revised draft ePrivacy Regulation includes further clarifications to the scope of its application as well as several alternative options. In addition, further modifications are  introduced in the text, including in Article 2(2)(f), where the changes would specify that the processing upon receipt by a third party or end-user entrusted for the purpose of protecting the end-user’s terminal equipment would be outside the scope of the ePrivacy Regulation, and in Article 6a(2) where the new text specifies that the supervisory authority should be consulted, if necessary, in line with Article 36(1) of the General Data Protection Regulation (GDPR).

The Draft ePrivacy Regulation will be discussed during the Working Party on Telecommunications and Information Society (‘WP TELE’) meeting on 7 November 2019.

You can read the Draft ePrivacy Regulation here.