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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 […]

Cookie regulation in Europe is quite strict. In a previous blog we discussed the cookie law of France, Germany, Italy and the UK, focusing on information to users, user consent and consequences of violations. However, cookies are not the only method to track users. There are cookie-free tracking methods that are similarly invasive, for example […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

On May 4, 2016, Regulation (EU) 2016/679 of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (in short “GDPR” ) was published in the Official Journal of the European Union. The GDPR shall […]

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 February 23, 2016, the European American Chamber of Commerce (EACC) hosted an interesting EU-US Privacy Roundtable with Privacy Activist Max Schrems, founder of the group Europe v. Facebook. The panel started by providing a brief overview of the developments in data privacy laws. It also explained the judiciary path that brought to the judgment […]

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 […]