ePrivacyasetus

The ePrivacy Regulation, often referred to as the "cookie law" or "ePrivacy Directive" (though it is a regulation, not a directive), is a proposed piece of European Union legislation aimed at strengthening privacy and protecting personal data in the electronic communications sector. It is intended to complement the General Data Protection Regulation (GDPR) by providing specific rules for electronic communications, including internet communications, mobile communications, and machine-to-machine communications.

The ePrivacy Regulation seeks to update and replace the existing ePrivacy Directive (2002/58/EC). Key areas it addresses include the confidentiality of electronic communications, rules on tracking technologies like cookies, unsolicited electronic communications (spam), and security measures for electronic communications services. It aims to give individuals more control over their online privacy and to create a more secure digital environment.

One of the most discussed aspects of the ePrivacy Regulation concerns the use of cookies and other tracking technologies. The proposal aims to move away from the current "consent fatigue" by generally prohibiting the storage of information on a user's device, or the access to such information, unless the user has given their consent. However, it also introduces exceptions for certain types of cookies, such as those necessary for the functioning of a website or for providing a service explicitly requested by the user.

The regulation also addresses issues related to direct marketing, such as email and SMS spam, by requiring prior consent for sending such communications, with specific exceptions for existing customers. Furthermore, it imposes obligations on providers of electronic communications services to ensure the confidentiality and security of the data they process. The ePrivacy Regulation is designed to work in tandem with the GDPR, ensuring a comprehensive framework for data protection and privacy across the EU. Its implementation has faced delays and ongoing debate among member states and stakeholders.