First the GDPR, Now the Proposed ePrivacy Regulation
Résumé
On January 10, 2017, less than nine months after the General Data Protection Regulation (GDPR) was adopted by the European Union, the European Commission issued its proposal for a new ePrivacy Regulation. In analyzing this new proposal, this article first places European Union ePrivacy legislation in context before detailing the main points of the proposed ePrivacy Regulation, including its broad territorial scope, its material scope, its interface with the GDPR, as well as provisions on cookies, confidentiality of communications, application of the concept of consent and unsolicited direct marketing communications and enforcement measures (including sanctions). Next, this article discusses advisory and industry reactions to the proposed Regulation, and outlines the legislative process, prior to making certain conclusory remarks.