ePrivacy Regulation—timeline

The following TMT practice note provides comprehensive and up to date legal information covering:

  • ePrivacy Regulation—timeline
  • Latest position
  • Key developments

ePrivacy Regulation—timeline

This timeline sets out key dates and information relating to the draft ePrivacy Regulation as it progresses through the EU legislative procedure. It includes consultations, discussion drafts, progress reports and opinions.

Once in force, the ePrivacy Regulation will replace Directive 2002/58/EC (the ePrivacy Directive) but will not automatically apply in the United Kingdom unless the UK government chooses to modify domestic law. The regulation covers privacy and related aspects of online communications, direct marketing, analytics, spamming and cookies. Its scope is wider than the ePrivacy Directive and it will apply to all electronic communications service providers in the EU, as well as non-EU providers providing such services to EU residents. That includes ‘over-the-top’ communications providers (such as WhatsApp or Facebook Messenger), as well as organisations providing customer wi-fi access and machine-to-machine communications.

Latest position

After four years of difficult negotiations, the Council of the EU reached an agreement on the draft text on 10 February 2021.

Up until that point, it had seemed unlikely that Member States would ever reach an agreement on a range of issues that had proved divisive, including whether to allow companies greater flexibility in how they can use their customers’ data.

Successive presidencies had failed to find a compromise that was satisfactory to both privacy advocates and to businesses. Now, the Portuguese presidency (to be followed by Slovenia from July 2021) has taken

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