ePrivacy at a crossroads: Time for a fresh start

Following the Council’s decision last 22 November to continue its discussions of the proposed ePrivacy Regulation, DIGITALEUROPE today releases an independent study from Hogan Lovells that takes stock of the current status of negotiations and puts forward an alternative vision for a new text that more adequately complements the General Data Protection Regulation (GDPR).

 ‘We cannot afford to endanger our digital transformation due to uncertain and inflexible rules. We applaud the Finnish Presidency for its earnest attempt to unlock the ePrivacy file. But after three years without agreement in Council, it is now time to recognise that a fresh start is needed. With bold new priorities ahead, ranging from industrial policy to AI, we are urging the new European Commission to fundamentally reassess the nature and format of the ePrivacy proposal,’ said Cecilia Bonefeld-Dahl, Director General of DIGITALEUROPE.

The study describes some of the key stumbling blocks of the current text. It finds that focusing almost exclusively on the legal bases for processing as the way to protect confidentiality has been a central flaw of the proposal, generating fatal incompatibilities with the GDPR. The study argues that a revised text should instead move towards a risk-based approach that looks at proportionality and accountability.

DIGITALEUROPE has been supporting the Council in its efforts to achieve a more balanced outcome, protecting trust and opportunities in the digital economy. Together with interests as varied as automotive, medical technology, construction equipment, home appliances and energy, we have repeatedly called for more alignment with the GDPR in order to protect Europe’s industrial future and competitiveness in the global digital economy.