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Tag Archives for " ePrivacy "

EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU). The case centers on the use of consent for the processing of personal data and consent for the use of cookies.

In the Advocate General’s view, the pre-ticked box for cookies does not provide a valid active consent under the GDPR nor under the ePrivacy Directive. Moreover, he considers that the ePrivacy Directive’s consent requirement for cookies applies irrespective of whether the collected data qualify as personal data.

Source: EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

e-Privacy breaches can rise GDPR fines

Businesses face higher fines if their processing of personal data is found to breach both the General Data Protection Regulation (GDPR) and EU ‘e-Privacy’ rules, according to a new opinion issued by the European Data Protection Board (EDPB).

The EDPB’s opinion, issued earlier this month, concerns the interplay between the e-Privacy Directive and the GDPR.

Full article: GDPR: ‘e-Privacy’ breaches can be factored into fines

EDPB clarifies the interaction between the GDPR and ePrivacy Directive

The European Data Protection Board (EDPB) met for their eighth plenary session on 12 and 13 March 2019. On the session EDPB adopted:

During session EDPS also adopted:

What happens to ePrivacy under the Romanian presidency?

What chance does the ePrivacy Regulation have of getting anywhere during the first half of this year?

As the first month of the Romanian presidency of the Council draws to a close and as elections for the next European Parliament loom, the outlook is not good.

Full article: What happens to ePrivacy under the Romanian presidency?

New European Electronic Communications Code means the application of the ePrivacy Directive to OTTs

The ePrivacy Directive (formally ‘Directive 2002/58/EC’) establishes specific rules on privacy for the electronic communications sector, such as limiting the use of traffic and location data and prohibiting listening to communications.

As of Dec. 21, 2020, the obligations of the current ePrivacy Directive will apply to instant messaging applications, email, internet phone calls and personal messaging provided through social media — collectively, over-the-top services — in addition to traditional telecom providers.

Full article: New European Electronic Communications Code means the application of the ePrivacy Directive to OTTs

EU e-Privacy reforms hit stalemate

EU countries cannot agree on the wording of the planned new e-Privacy Regulation, causing the proposed reforms to be watered down. The lack of consensus was acknowledged in a progress report published last week by the Council of Ministers on the work it has been carrying out on the reforms.

Full article: EU e-Privacy reforms hit stalemate

EU e-Privacy reforms hit stalemate

EU countries cannot agree on the wording of the planned new e-Privacy Regulation, causing the proposed reforms to be watered down.

The lack of consensus was acknowledged in a progress report published last week by the Council of Ministers on the work it has been carrying out on the reforms.

Full article: EU e-Privacy reforms hit stalemate

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?

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