A proposed regulation by the European Union (EU) that aims to update and modernize the rules governing the protection of personal data in electronic communications. The ePR is intended to replace the existing ePrivacy Directive (also known as the Cookie Law) and harmonize the rules across the EU member states. The ePR focuses on the protection of personal data in electronic communications, such as emails, text messages, and internet-based services, including Voice over Internet Protocol (VoIP) and messaging apps. The ePR aims to ensure that individuals have greater control over their personal data and that their privacy rights are respected in electronic communications.
Key Provisions
The key provisions of the ePR include:
- Consent: The ePR requires that users give explicit consent before their data is collected, processed, or stored. Consent must be freely given, specific, informed, and unambiguous.
- Cookies: The ePR requires that website users must be informed and provide their consent before cookies are placed on their devices. The ePR also sets out new rules for browser settings to control cookies and similar tracking technologies.
- Confidentiality: The ePR requires that all electronic communications must be kept confidential, including the content of the communication and any metadata associated with it.
- Direct marketing: The ePR provides individuals with the right to object to direct marketing communications and requires that the sender obtain prior consent before sending direct marketing messages.
Impact on Businesses
The ePR is expected to have a significant impact on businesses that rely on electronic communications and cookies for their marketing and advertising activities. Once adopted, the ePR will have the force of law in all EU member states.
Current Status
The ePR is currently in the draft stage, and its adoption has been delayed due to disagreements among the EU member states. Some EU lawmakers had hoped the ePR could come into force at the same time as the General Data Protection Regulation (GDPR) in May 2018. However, the ePR is still under negotiation and has not yet been finalized.
Relationship with GDPR
There are some interplays between the ePR and the GDPR. The ePR is designed to complement the GDPR by providing specific rules for the protection of personal data in electronic communications. While the GDPR sets out general principles for data protection, the ePR focuses on the specific aspects of electronic communications.
