• DIGITALEUROPE responds to Commission ePrivacy Directive Consultation
    July 2016On 4 July, DIGITALEUROPE submitted a response to the Commission’s public consultation on the evaluation and review of the ePrivacy Consultation. The consultation sought stakeholders’ view on the current text of the ePrivacy Directive (ePD) 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 arena.

    We stressed that the objectives of the ePD are better served by the Data Protection Directive (DPD), and its successor the General Data Protection Regulation (GDPR), then they are by the ePD. We emphasised that there is no compelling reason justifying keeping a separate legal instrument such as the ePD since its privacy provisions are covered by the GDPR, which explicitly aims at regulating the processing of personal data in the digital economy.

    We also noted that we do not believe the compliance costs associated with the ePD are proportionate to the objectives pursued by the legislation. Industry has been faced with conflicting provisions and an un-harmonised implementation across Member States. This has led to confusion and a negative impact for both industry and citizens. Moreover, the compliance costs further overshadow the objectives of confidentiality when one considers the numerous Member State laws, which have created exceptions allowing national authorities to circumvent the confidentiality requirements placed on telecoms providers.

    Lastly, we highlighted that an expansion of the ePD to cover OTT services could undermine the very privacy it is seeking to protect. Many of these services are engineered to apply the best possible encryption technology, but the ePD could have the absurd effect of undermining their ability to guarantee the security and confidentially of the communication through the use encryption due to the fact the Article 15 (1) allows Member States to restrict this right.

    Click here to read DIGITALEUROPE’s response.

    For more information please contact: 

    Damir Filipovic Photo Damir Filipovic
    Alexander Whalen Photo Alexander Whalen
    Senior Policy Manager
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