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Tag Archives for " ePrivacy "

Croatian Presidency tempers expectations on ePrivacy progress

The Croatian Presidency of the Council of the European Union is the just the latest EU presidency to try to tackle the ePrivacy Regulation.

Finland, Romania, Austria and Bulgaria were among the countries that could not figure out ePrivacy during their presidencies, and now it’s Croatia’s turn at the plate. While the Committee on Civil Liberties, Justice and Home Affairs pushed forward a version of ePrivacy back in October 2017, however, progress since that vote has essentially been nonexistent.

Full article: Croatian Presidency tempers expectations on ePrivacy progress

CNIL launches a public consultation on its draft recommendation on “cookies and other trackers”

On 4 July 2019, the CNIL published guidelines on the application of Article 82 of the French Data Protection Act. This article governs actions aiming at storing or gaining access to information already stored in the terminal of a user, i.e. in particular the use of cookies or other trackers when a user visits a website.

The CNIL conducted a consultation during the fall of 2019, in order to prepare a draft recommendation proposing operational procedures for obtaining consent. This draft is now subject to public consultation until 25 February, with a view to preparing the final version of the recommendation.

Source: CNIL launches a public consultation on its draft recommendation on “cookies and other trackers”

Research reveals that most websites are not compliant with GDPR and ePrivacy Directive

Research has found that only 11.8% of consent management platforms (CMPs) meet the minimal requirements under GDPR and Europe’s eDirective regulations regarding cookies and consent.

A study conducted by researchers at MIT CSAIL, Denmark’s Aarhus University and University College London, analysed how prevalent CMP designs impact people’s consent choices.

Full article: #Privacy: Research reveals that most websites are not compliant with GDPR

Cookie consent tools are being used to undermine EU privacy rules

Most cookie consent pop-ups served to internet users in the European Union — ostensibly seeking permission to track people’s web activity — are likely to be flouting regional privacy laws, a new study by researchers at MIT, UCL and Aarhus University suggests.

“The results of our empirical survey of CMPs [consent management platforms] today illustrates the extent to which illegal practices prevail, with vendors of CMPs turning a blind eye to — or worse, incentivising — clearly illegal configurations of their systems,” the researchers argue, adding that: “Enforcement in this area is sorely lacking.”

Full article: Cookie consent tools are being used to undermine EU privacy rules, study suggests | TechCrunch

GDPR will force programmatic advertising to evolve in 2020

GDPR replaced the Data Protection Directive in 2018, and for companies who use programmatic advertising, it could be the key to boosting their campaigns.

What exactly GDPR will mean for programmatic advertising in 2020:

  • Fewer targets, but more relevant ones
  • Personalization could be impacted but will evolve
  • Omnichannel programmatic will become more important

Full article: GDPR will force programmatic advertising to evolve in 2020 — and that’s a good thing

Belgian Supervisory Authority Imposes Cookie Fine

On December 17, 2019, the Belgian Supervisory Authority imposed a fine of €15,000 on an company operating a legal information website with approximately 35,000 unique monthly visitors for violations regarding use of cookies.

According to supervisory authority, company provided insufficient information about the cookies deployed on the website. Moreover, the cookie policy was only available in English, whereas the website targeted Dutch and French-speaking readers.

Further, the website did not obtain opt-in consent for certain types of cookies used, including first-party analytics cookies, and where consent was obtained, it was not sufficiently granular. Also, there was no easy way for users to withdraw consent.

Source: Belgian Supervisory Authority Imposes Cookie Fine

Commission to present revamped ePrivacy proposal

The European Commission will present a revised ePrivacy proposal as part of the forthcoming Croatian Presidency of the EU, Internal Market Commissioner Thierry Breton announced on 3 December, after previous talks failed to produce an agreement among member states.

The revamped measures will be made in a bid to find consensus between EU countries on the ePrivacy regulation which would see tech companies offering messaging and email services subjected to the same privacy rules as telecommunications providers.

Source: Commission to present revamped ePrivacy proposal – EURACTIV.com

EU releases progress report on draft ePrivacy Regulation

The Committee of the Permanent Representatives of the Governments of the Member States to the European Union (Coreper) on November 27, 2019, released its progress report on the draft ePrivacy Regulation.

The report outlines the main elements discussed in the Working Party’s meetings on Telecommunications and Information Society (‘WP TELE’) during the second half of 2019, such as

  • the protection of terminal equipment information, with specific reference to the issue of conditional access to websites’ content,
  • the processing activities that is necessary to provide the electronic communications service,
  • data retention issues,
  • the way the Draft ePrivacy Regulation would interact with new technologies, such as machine-to-machine and Internet of Things services. 

The report also highlights that the Coreper did not support the last draft ePrivacy Regulation, as presented by the Presidency of the Council of the European Union.

EU Member States reject ePrivacy Regulation’s draft

On 22 November 2019, the Permanent Representatives Committee of the Council of the European Union (COREPER) has rejected the Council’s position on a draft ePrivacy Regulation.

Now it is up to the Commission to either withdraw the entire proposal, or to the Council to prepare a new text that can get enough support to allow moving forward with the proposal.

Source: ePrivacy: EU Member States push crucial reform on privacy norms close to a dead end

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.

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