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ARTICLE · 18 OCTOBER 2017

EDPS releases recommendations on ePrivacy Regulation – Still a long way to go

We are only eight months away from the new EU data protection regime entering into force. In addition to the General Data Protection Regulation ("GDPR"), which includes the general data protection provisions, the ePrivacy Regulation shall provide specific rules for electronic communications.

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We are only eight months away from the new EU data protection regime entering into force. In addition to the General Data Protection Regulation ("GDPR"), which includes the general data protection provisions, the ePrivacy Regulation shall provide specific rules for electronic communications. However, the legislative process of the ePrivacy Regulation is still in its early stages. The European Commission published the draft ePrivacy Regulation on 10 January 2017 ("ePrivacy Regulation"), and the European Council has weighed in with its first revisions on 8 September 2017 (read more on our blog here). Now, European Data Protection Supervisor Giovanni Buttarelli ("EDPS") has provided some further guidance, issuing a list of recommendations ("Recommendations") on 5 October 2017. Some of the key messages of the Recommendations relate to consent, legal grounds for processing, and exceptions to the processing of data relating to terminal equipment.

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