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ARTICLE · 20 AUGUST 2019

EU Updates: ePrivacy Regulation Inches Forward, EDPB Issues Guidance On Interplay Between GDPR And ePrivacy Directive

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Introduced in 2017, and originally slated to go into effect with the GDPR (on May 25, 2018), it now appears the ePrivacy Regulation will not

European UnionPrivacy
Melinda McLellan
Melinda McLellan
Kyle R. Fath
Kyle R. Fath
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Adoption of the ePrivacy Regulation

Introduced in 2017, and originally slated to go into effect with the GDPR (on May 25, 2018), it now appears the ePrivacy Regulation will not be implemented before late 2021. With the Romanian Presidency's oversight of the Council of the European Union passing to Finland as of July 1, and in view of forthcoming EU parliamentary elections and procedural considerations, it is possible that the adoption of the ePrivacy Regulation may be delayed even further.

Key concepts currently up for debate and the subject of amendments in the Regulation's latest draft include:

  • Conditioning access to website content on a user consenting to advertising cookies: The current draft states this would not be "disproportionate" unless the site is provided by public authorities. Notably, this position contradicts those taken in Article 29 Working Party Guidance from April 2018, and in enforcement actions by supervisory authorities (see our post her

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