After the GDPR, the ePrivacy Directive as next step on the EU Agenda

The EU Parliament approved some weeks ago the new General Data Protection Regulation (GDPR). As a next step, the EU Commission has launched a public consultation on the evaluation and review of the ePrivacy Directive, as part of the Digital Single Market Strategy proposed by the EU Commission in May 2015. The consultation started on the 12th April and will be open until the 5th July 2016.

The current ePrivacy Directive was initially adopted for the telecoms sector. However, most of the EU Member States have also extended its application to other sectors. This Directive is also known as “cookie law”, but it also regulates the confidentiality of communications, the obligation to notify data breaches, the scope and definition of unsolicited communications, etc.

The “update” of the ePrivacy Directive is necessary in order to achieve a higher harmonization at all levels, including the field of electronic communications, and to complement the GDPR. The head of unit for policy and consultation at the EU Data Protection Supervisor, Sophie Louveaux, unofficially stated that the modification of the ePrivacy Directive is a priority regarding privacy issues and that a “full coherence” between the GDPR and the ePrivacy Directive should be achieved.

The legislative proposal for a new ePrivacy Directive is expected by the end of 2016.