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About ePrivacy
What is ePrivacy?
The ePrivacy Regulation (ePR) is European legislation aimed at protecting privacy and personal data in electronic communications. This regulation is complementary to the General Data Protection Regulation (GDPR) and aims to ensure confidentiality and protection of personal data when using electronic communications services. The main points of the ePrivacy regulation include:
1. Privacy in electronic communications: ePrivacy protects the confidentiality of communications via telephones, the internet, messaging applications, email and other electronic means of communication.
2. Cookies and Tracking: ePrivacy regulates the use of cookies and other tracking technologies. It requires users to give consent before their data is tracked or stored on their devices.
3. Marketing Communications: ePrivacy sets rules for unsolicited marketing communications such as spam emails, text messages, and marketing phone calls. It requires users to consent to receive such communications.
4. Metadata protection: ePrivacy protects metadata associated with electronic communications, such as call dates and times, location data, etc., and provides that this data can only be processed under certain conditions.
5. Enforcement and sanctions: Similar to the GDPR, ePrivacy contains provisions on enforcement and penalties for violations.
What does the ePrivacy Regulation govern?
Draft ePrivacy Regulation addresses the protection of privacy and personal data in electronic communications
The ePrivacy Regulation regulates three main areas:
Sending electronic marketing
Protecting the confidentiality of electronic communications
Protecting users' end devices when using cookies and similar technologies
The draft ePrivacy Regulation provides for separate legal grounds for the processing of data and metadata about electronic communications and for access to their content. In particular, the legal grounds of consent, processing necessary to provide a service or to comply with a legal obligation, etc. are considered.
The ePrivacy proposal regulates the rules for anonymisation or deletion of electronic communication data, rules for the further use of metadata, the introduction of technical and organisational measures to protect data (e.g. pseudonymisation or encryption), compatibility assessments if metadata is to be used for another purpose (assessment of the original purpose, circumstances of data collection, impact on users, etc.).
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