This agreement marks the beginning of the final negotiations with the European Commission and the European Parliament. If the three parties were to reach an agreement in the course of this year, the ePrivacy Regulation could enter into force in 2023 at the earliest – after a transition period of two years.

The ePrivacy Regulation, which is to replace the existing ePrivacy Directive of 2002, aims to regulate the conditions under which service providers may process electronic communications data or have access to data stored on end-users’ devices. Communications data is understood to mean the data transmitted when using online services, such as messages on WhatsApp or video calls on Skype. These renewals take into account new technological and market developments as well as new techniques for tracking users’ online behaviour.

In addition to the various topics such as electronic communication data, metadata, Internet of Things, caller identification, public directories, cookies are also a topic that the regulation wants to regulate. End-users should be offered a real choice to accept cookies or similar identifiers. Access to a website may be made conditional on consent to the use of cookies for additional purposes if the user can choose between this offer and an equivalent offer that does not involve consent to cookies. In order to prevent users from having to repeatedly accept cookies in order to visit a website, they can give their consent to the use of certain types of cookies by including one or more providers in a positive list in their browser settings. Providers will be required to provide users with the ability to facilitate the creation and modification of positive lists and the withdrawal of their consent.

 

 

Souce:

Pressemitteilung des Rates: https://www.consilium.europa.eu/de/press/press-releases/2021/02/10/confidentiality-of-electronic-communications-council-agrees-its-position-on-eprivacy-rules/

Entwurf: https://data.consilium.europa.eu/doc/document/ST-6087-2021-INIT/en/pdf