The European Data Protection Board (the
“EDPB“) has published its opinion on the interplay between the GDPR and
Directive 2002/58/EC of the European Parliament and of the Council
of 12 July 2002 concerning the processing of personal data and the
protection of privacy in the electronic communications sector (the
“ePrivacy Directive“).
The opinion confirms that it is possible for personal data
processing to fall within the scope of both the GDPR and the
ePrivacy Directive. For example, the use of cookies.
However, the opinion also deals with the following two key
issues:
- Precedence:
The opinion confirms that, in situations where detailed provisions
of the ePrivacy Directive apply to processing also caught by the
general provisions of the GDPR, the detailed ePrivacy provisions
will take precedence. At a practical level, this means that, in
relation to electronic marketing for example, the specific
provisions of Article 13 of the ePrivacy Directive
