DIGITALEUROPE urges MEPs to bring ePrivacy closer to digital reality and to reject the LIBE report in plenary

DIGITALEUROPE strongly urges MEPs to continue the discussion on the ePrivacy Regulation proposal and reject a mandate based on the LIBE report. As the results of the vote clearly demonstrated, the report does not reflect a consensus and sets a new standard for inflexibility and a refusal to embrace technology innovation.

DIGITALEUROPE strongly believes that we need an ePrivacy regulation that ensures a high level of legal protection for confidentiality of communications, and one that enables digital innovation – not one that chooses one over the other.

This is only achievable if the following minimum conditions are met:

1) Full consistency with the General Data Protection Regulation (GDPR) and other existing and upcoming legislation, such as the European Electronic Communications Code. In fact, it is imperative that the ePrivacy Regulation does not propose parallel definitions and standards that are different from existing ones (such as consent).

2) Reasonable scope that minimizes overlaps. We do not believe that including M2M communication and allow an ancillary communication feature to trigger the application of the law to be reasonable.

3) Technology neutral and ensures the necessary legal flexibility, such as the use of legitimate interest and other legal basis defined in the GDPR, so that users are not overburdened with consent requirements.

While welcoming the European Parliament strong commitment to encryption, DIGITALEUROPE urges MEPs to reject a mandate if these minimum requirements are not met.