On July 22, 2016, the European Data Protection Supervisor (EDPS) released Opinion 5/2016 on the review of the ePrivacy Directive (2002/58/EC). This Opinion focuses on the issues specifically requested by the EU Commission. Particularly, the EDPS suggested that “a new proposal on ePrivacy should guarantee confidentiality of communications, offer clarity and complement the General Data […]
On April 11, 2016, the European Commission opened a public consultation on the current text of the ePrivacy Directive (EU Directive 2002/58/EC on privacy and electronic communications). According to the EU Commission, following the adoption of the General Data Protection Regulation (GDPR, see here), the ePrivacy rules will also need to be reviewed. The Commission […]
The EU Commission “seeks stakeholders’ views on the current text of the ePrivacy Directive as well as the possible changes to the existing legal framework to make sure it is up to date with the new challenges of the digital area. Public Consultation on the Evaluation and Review of the ePrivacy Directive.” In the view of […]
On June 10, 2015, The European Commission published a study on the “ePrivacy Directive: assessment of transposition, effectiveness and compatibility with proposed Data Protection Regulation” (SMART 2013/0071). The study examines two main issues. Whether the ePrivacy Directive has achieved its intended effects and puts forward recommendations for future revision on the basis of the Directive transposition […]
On March 12, 2019, the European Data Protection Board (EDPB) published an opinion defining the GDPR’s scope of application and providing an interpretation on data protection authorities’ competences, tasks and powers. The Belgian Data Protection Authority (DPA) requested the EDPB to examine and issue an opinion on the interplay between the ePrivacy Directive (2002/58/EC) and […]
On April 24, 2017, the European Data Protection Supervisor (EDPS) released Opinion 6/2017 on the Proposal for a Regulation on Privacy and Electronic Communications (ePrivacy Regulation Proposal). The EDPS welcomes the Proposal for the Regulation. There is a need of “a specific legal tool to protect the right to private life guaranteed by Article 7 […]
On January 10, 2017, the European Commission issued a draft for a new ePrivacy Regulation (“Proposal”) that would replace Directive 2002/58/EC (‘the ePrivacy Directive’), implementing a higher level of privacy for all electronic communications. Scope of application: The Proposal applies to all electronic communication providers – including EU institutions – and aim at aligning the existing rules, which date back […]
The paper deals with “the fundamental issues concerning trans-border data flows and their consequences on applicable law.” It “consider[s] three different cases decided by the Italian data protection authority (Garante per la protezione dei dati personali).” The three decisions are the following: decision issued by the Italian DPA on 24 May 2006, doc. web n. 1299063 (see also: January 18 2006, […]
Tags: CLOUD COMPUTING, DATA PROTECTION, INTERNATIONAL DATA PROTECTION
EU Directive 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”) “The Directive on Privacy and Electronic Communications, known as the ePrivacy Directive, sets out rules on how providers of electronic communication services, such as telecoms companies and Internet Service […]
Update: In October 2019, the European Court of Justice held that in order to store cookies on user devices, the users must actively consent and that pre-checked checkbox that users must actively deselect is not a valid form of consent. The European Court of Justice also stated that all types of cookies require active consent, […]