European Commission releases proposal to complete data protection framework
On January 10th 2017 the European Commission released a Proposal for a Regulation concerning the respect for private life and the protection of personal data in electronic communications.
The presented proposal pursues the implementation of the EU’s Digital Single Market strategy. The Digital Single Market strategy aims to increase trust in and the security of digital services. With the upcoming General Data Protection Regulation further legislative measures have to be implemented in order to build a coherent regulatory framework.
The proposed Regulation will repeal the Directive 2002/58/EC Regulation on Privacy and Electronic Communications, also known as the “E-Privacy Directive”, which insufficiently regards current technological developments. Especially so-called Over the Top communication services, such as the messenger services WhatsApp, Skype or Facebook Messenger, are not regulated by the E-Privacy Directive and lack sufficient privacy for its users. According to the proposed Regulation, the content of messages as well as metadata will have to remain confidential and / or anonymized unless the user consented otherwise.
In addition, the new rules set out a strategic approach relating to international data transfer. By engaging in so-called “adequacy decisions” the transfer of personal data will be simplified while a high level of privacy remains.
The proposed Regulation further contains rules to ensure that personal data, which is processed by EU institutions and bodies, is handled according to the measures of the General Data Protection Regulation.
Finally, since the nature of the Proposal is a regulation instead of a directive, it should have a stronger impact for both consumers and businesses.
Ideally the legislative process will be finalized by May 25th 2018, when the General Data Protection Regulation will enter into force.
