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ARTICLE · 14 OCTOBER 2019

Cookies And Consent – An Update On Developments In The EU's Draft e-Privacy Regulation

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The EU's e-Privacy Regulation was supposed to take effect alongside the General Data Protection Regulation in May 2018.

European UnionPrivacy

The EU's e-Privacy Regulation was supposed to take effect alongside the General Data Protection Regulation in May 2018. The e-Privacy Regulation covers not only personal data but all access of a user's equipment, which is usually made in relation to the placement of cookies, as well as issues relating to the use of email for commercial marketing and telecommunications. As the GDPR was required to ensure personal data was protected in the increasingly digital world, so the EU's current e-Privacy regime has been identified as in need of an update. As the EU reaches its 18-month milestone under GDPR, the e-Privacy Regulation remains in draft. While reports of its death were greatly exaggerated, 18 months on the proposed Regulation remains in the EU Council where it has undergone various revisions under various Council Presidencies amidst wrangling over cookies, the precise scope of the Regulation and consistency with the GDPR, amongst other things. The latest draft, which

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