Obviously, in the past period, the GDPR (the new EU Data Protection Regulation) was the focus of data protection news. However, in the shadow of the GDPR, a draft e-Privacy Regulation was also issued in January 2017, which, if adopted, would replace Directive no. 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
Why do we need new regulation in the field of electronic communications?
- Several arguments can be raised why the revision of the existing rules are necessary. The adoption and entry into force of the GDPR can in itself justify the re-regulation of the electronic communications area, as this special area needs to be adapted to the new general data protection rules. The GDPR will also apply as a background regulation to the e-Privacy area as well.
- Similarly to the adoption of the GDPR in the form of a regulation, the adoption of an e-Privacy regulation would help to ensure the uniform application of the rules, because the provisions of the regulation will be directly applicable in the Member States.
- Existing rules should be reviewed and amended anyway, since technological development requires the revision of the rules from time to time (the ePrivacy Directive was revised in 2009 by Directive 2009/136/EC).
- In some areas, practical experience indicates that it may be necessary to modify the existing regulatory environment. An example of this may be the cookie regulation, which, as acknowledged in section 22 of the preamble to the draft e-Privacy Regulation, is no longer able to achieve the original purpose of providing information to and requesting approval from end-users. By modifying the rules (e.g. by providing consent through the use of appropriate settings on browsers and other applications), the process of obtaining consent may become more user-friendly.