European Data Protection Board Clarifies Interplay Between ePrivacy Directive And General Data Protection Regulation

On 12 March 2019, the European Data Protection Board ("EDPB") adopted an opinion clarifying the interplay between Directive 2002/58/EC (the "ePrivacy Directive") and the General Data Protection Regulation (the "GDPR") (the "Opinion"). At the request of the Belgian Data Protection Authority, the EDPB provides guidance on whether (and to what extent):

• the competences, tasks and powers of data protection authorities under the GDPR are limited when the processing of personal data falls under the scope of both the GDPR and the ePrivacy Directive;
• data protection authorities should take into consideration the provisions of the ePrivacy Directive when exercising their competences, tasks and powers under the GDPR, while tackling possible infringements of national rules implementing the ePrivacy Directive;