On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic
Communications
(“proposed Regulation”) to replace
Directive 2002/58 (known as the “ePrivacy
Directive”).

The proposed Regulation

The proposed Regulation aims to align the rules that apply to
electronic communications services with the forthcoming
General Data Protection Regulation
(GDPR).

As anticipated from the draft leaked before Christmas, the
proposed e-Privacy Regulation addresses rules on the
confidentiality of electronic communications. Additionally, and for
the first time, over-the-top (OTT) communication service providers,
such as VoIP, are brought within its scope.

The key changes set out are as follows:

1. Third-party tracking (cookies and other similar
technologies)

Opt-In Consent

Under the proposed Regulation, web browsers need to ask end
users to opt-in to tracking via their privacy settings (in
recognition that under the GDPR, consent must be “freely
given, specific, informed and unambiguous”). This marks a
departure from the current practice of “notification

Article source: http://www.mondaq.com/x/560232/Data+Protection+Privacy/EU+Commission+Publishes+Its+Proposals+For+New+EPrivacy+Regulation

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