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  • Study on the Impact of the Proposed ePrivacy Regulation

    On January 10th, 2017, the European Commission published the draft of a new European ePrivacy Regulation (ePR).

    It is the aim of the Commission to replace the existing ePrivacy Directive (ePD) by the new regulation when the General Data Protection Regulation (GDPR) comes into effect on May 25th, 2018. The main focus of both the GDPR and the ePR/ePD is the protection of European citizens’ privacy.

    This study focusses on the proposed new “cookie provisions” (Art. 8, 9 and 10 ePR) and on the proposed “interference provisions” (Art. 5, 6 and 7 ePR) including the “wiretapping provisions” of Art. 11 ePR. In particular, this study explores the following issues:

    • Practicability: Are the proposed provisions coherent and does their application on standard business models lead to reasonable results?

    • Overlap: Are the proposed provisions in line with the provisions of the GDPR? Are there contradictions?

    • Freedom of Communication: Do the proposed provisions foster free communication data in Europe or do they – unintendedly - impose obstacles on communication?

    • User-Friendliness: Do the proposed provisions meet the expectations of reasonable users?