25 Nov 2019

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.

Read the study

Hogan Lovells – Study of proposal for an ePrivacy Regulation

For more information, please contact:
Alberto Di Felice
Senior Policy Manager for Infrastructure, Privacy and Security
Back to Data privacy
View the complete Press Release
PDF
Our resources on Data privacy
Publication & Brochure 25 Nov 2019
Study of proposal for an ePrivacy Regulation
resource 16 Mar 2020
Encryption: finding the balance between privacy, security and lawful data access
Policy Paper 05 Feb 2020
Response to draft EDPB Guidelines on the right to be forgotten in search engine cases
Hit enter to search or ESC to close
This website uses cookies
We use cookies and similar techonologies to adjust your preferences, analyze traffic and measure the effectiveness of campaigns. You consent to the use of our cookies by continuing to browse this website.
Decline
Accept