As users increasingly use nontraditional modes of communication,
such as social media and instant messaging applications, email and
VoIP, in place of traditional telephone and data services, so too
must privacy laws evolve. The European Electronic Communications
Code, proposed on December 4, 2018, expands the definition of
electronic communications services to include these
"over-the-top services." As a result, these services
become subject to data processing regulations under the existing
ePrivacy Directive.
In an article written for IAPP's Privacy
Tracker,
Rosa Barcelo and
Matthew Buckwell discuss which obligations will apply to OTTs,
whether the GDPR takes precedence over the ePD, and what service
providers need to evaluate in advance of the December 21, 2020
effective date.
