NEWS

The new e-Privacy Regulation is intended to replace the old Directive and come alongside the General Data Protection Regulation (GDPR). In addition to the confidentiality of communications, the Regulation also provides for many parallel and divergent rules on data protection from the GDPR, which are only to apply to certain digital services.

Bitkom on the ePrivacy Regulation

The new e-Privacy Regulation is intended to replace the old Directive and come alongside the General Data Protection Regulation (GDPR). In addition to the confidentiality of communications, the Regulation also provides for many parallel and divergent rules on data protection from the GDPR, which are only to apply to certain digital services.

From the point of view of the digital economy, this is neither conclusive nor necessary, since these areas of regulation are already covered by the strict regulations of the GDPR. On the other hand, it creates asymmetries, as different data protection rules apply to comparable data processing systems. A final version by the Council of the European Union (as of January 2018) is still pending. Bitkom has published a comment on the Council's current document and is in favour of a lean regulation based on the GDPR.

Position paper on the ePrivacy regulation

In an additional joint letter, 14 associations have expressed their concern about the current status of the ePrivacy Regulation and called for further revisions. 

Article: The ePrivacy regulation from the perspective of the regulatory practice

The German journal "Zeitschrift für Datenschutz" has recently published the much noticed essay ´Draft of the ePrivacy Regulation from the perspective of the regulatory practice´ by Engeler/Felber (German Title: "Entwurf der ePrivacy-VO aus der Perspektive der aufsichtbehördlichen Praxis",  ZD 2017, 251). Due to the strong demand for an English translation, Bitkom e.V. has commissioned such a translation. The English version of the journal article can be downloaded here free of charge.

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