The EU ePrivacy Regulation will replace the current ePrivacy Directive, which was implemented in the UK via the Privacy and Electronic Communications Regulation (PECR). EU member states interpreted the ePrivacy Directive in different ways meaning the rules vary across the EU. Overall it is remembered by marketers as the ‘cookie law’ as it required organisations to have a cookie pop-up explaining that cookies are used by a website.
The EU Commission stated the new law was necessary to ensure ePrivacy rules are consistent with GDPR and reinforce trust and security in the EU’s digital single market, a flagship policy
Divergent ePrivacy rules across the EU can act as a barrier to cross-border trade. The ePrivacy Regulation will apply equally in all member states and will, therefore, harmonise rules.
The DMA position is that there must be a clear and detailed rationale for each proposal in the ePrivacy Regulation. Having spent years working on the GDPR, which is considered the gold standard in global data protection, there should be no contradiction between GDPR and ePrivacy
Discussing the rollout of these changes in the face of Brexit, expected timelines and obligations towards implementation