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Tag Archives for " ePrivacy "

CIPL Publishes Legal Note on the ePrivacy Regulation and the EU Charter of Fundamental Rights

On November 12, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published a legal note on the ePrivacy Regulation and the EU Charter of Fundamental Rights. The note contributes to an important and recurring legal discussion on the proposed ePrivacy Regulation.

The proposal aims to protect the confidentiality of communications, and in particular addresses the confidentiality of content data and metadata of individuals and legal persons, implementing Article 7 of the EU Fundamental Rights Charter (“right to privacy”). In contrast, the GDPR implements Article 8 of the Charter (“right to data protection”).

Full article: CIPL Publishes Legal Note on the ePrivacy Regulation and the EU Charter of Fundamental Rights

Dangerous loophole to the GDPR in the ePrivacy proposal

Is tracking an essential element of every internet service financed by ads? By allowing service providers to install advertising cookies ‘without users’ consent,’ the latest version of the ePrivacy regulation creates a dangerous loophole to the high standards established by the GDPR.

Full article: Dangerous loophole to the GDPR in the ePrivacy proposal

What happens to ad tech post-GDPR?

The central issue seems to center around whether ad tech can continue to operate as it has before the EU shifted its legal landscape on data protection and privacy, or if it will have to shift to a new model in order to be compliant. And while the General Data Protection Regulation is the immediate concern given its loom, there’s even more concern industry-wide with the to-be-finalized ePrivacy Regulation, which is still being negotiated by EU government, but which threatens to place an even heavier emphasis on consent for legal processing of personal data, casting a wider net than the GDPR.

Full article: No, seriously: What happens to ad tech post-GDPR?

The urgent case for a new ePrivacy law

In his blog Giovanni Buttarelli, European Data Protection Supervisor, argues why European Union needs to adopt new ePrivacy Regulation and why GDPR is not enough. He argues that adoption of the proposed ePrivacy Regulation is crucial to protect the fundamental rights to privacy and the protection of personal data in the digital age. Progress must be made quickly to allow legal certainty and a level playing field for market operators. It is also necessary to complete the EU’s framework for data protection and confidentiality of communications.

Read full article: The urgent case for a new ePrivacy law | European Data Protection Supervisor

Consent remains major ePrivacy sticking point for EU bodies

Consent has become one of the biggest questions surrounding where the ePrivacy Regulation winds up. Commission and Parliament believe consent is the only lawful way to process personal communications, largely leaving out legitimate interest. Should the Commission and Parliament get their way, and consent becomes the only way to process electronic communications data, a lot of companies will be in a tough spot.

Full article: Consent remains major ePrivacy sticking point for EU bodies

Power sector ‘concerned’ about new EU data privacy rules

A proposed ePrivacy regulation currently under discussion at EU level would hurt new business models in the clean energy sector, which are “almost all” based on the collection and treatment of data by home equipment and smart meters, warns an industry coalition. Under the proposed rules, consumers would need to give their prior consent to companies processing energy data from equipment installed in people’s homes and revoke it at any moment, without advance notice.

Full article: Power sector ‘concerned’ about new EU data privacy rules – EURACTIV.com

What is the future of ePrivacy regulation?

ePrivacy’s advancement has been slower than initially promised by policymakers. Member state delegations had raised questions involving the scope of ePrivacy and its position vis-à-vis the GDPR, the fundamental rights of confidentiality with respect to data protection, GPS location data, and developments in artificial intelligence, the Internet of Things, and automated driving.

Full article: Can Austria align ‘diverging views’ with proposed ePrivacy amendments?

ePrivacy rapporteur furious over Austria’s limited ambition

The European Parliament’s lead rapporteur on the ePrivacy Regulation has responded with fury to the news that the Austrian presidency of the Council of the EU intends to produce no more than a status update on the law’s progress by the end of the year.

Source: ePrivacy rapporteur furious over Austria’s limited ambition

Browser setting rules could be dropped from new ePrivacy Regulation

Plans to force web browser providers to ask users to set their privacy preferences could be scrapped, according to ePrivacy Regulation proposals under consideration by EU law makers as they have raised a lot of concerns. Such requirement would create burden for browsers and apps, the competition aspect, the link to fines for non-compliance but also the impact on end-users and the ability of this provision to address e.g. the issue of consent fatigue.

Source: Browser setting rules could be dropped from new e-Privacy Regulation

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