On 10 January 2017, the EU Commission published a proposal for a new regulation on e-Privacy (ePR).
The ePR is intended to replace the current e-privacy Directive (ePD), updating it in line with the General Data Protection Regulation (GDPR) and technological developments that have occurred since the last amendment of the ePD in 2009. By proposing to convert the directive into a regulation, the ePR, if adopted, will not need to be transposed into national law and will have direct effect in all EU Member States. The European Commission thus aims to achieve a higher level of harmonisation in the e-privacy arena, although the proposed ePR still allows Member States to adopt national rules in a few areas.
Like the existing directive, the draft ePR contains rules specifically applicable to providers of electronic communications networks and services as well as rules of a general application. The ePR is intended to complement the GDPR and will take precedence when the ePR rules apply.
The ePR is intended to replace the current e-privacy Directive (ePD), updating it in line with the General Data Protection Regulation (GDPR) and technological developments that have occurred since the last amendment of the ePD in 2009. By proposing to convert the directive into a regulation, the ePR, if adopted, will not need to be transposed into national law and will have direct effect in all EU Member States. The European Commission thus aims to achieve a higher level of harmonisation in the e-privacy arena, although the proposed ePR still allows Member States to adopt national rules in a few areas.
Like the existing directive, the draft ePR contains rules specifically applicable to providers of electronic communications networks and services as well as rules of a general application. The ePR is intended to complement the GDPR and will take precedence when the ePR rules apply.