Featured in JEP’s Expert Panel – 25th July 2018
The new e-Privacy regulation will replace the existing EU “Privacy and Electronic Communications Directive 2002”. Originally due to come into law with GDPR on 25th May 2018, it was delayed following numerous amendments and consultations. Expected now in 4th quarter 2018.
The e-privacy regulation specifically covers all electronic communications and data, from traditional telecommunications and internet providers, to email, messaging apps, e.g. voice, fax, SMS and voice messaging services.
Some of the key areas to be aware of;
(a) Consent requirements similar to GDPR
(b) potentially restricted use of third-party cookies and need for “specific consent” for social plug-in cookies
(c) lack of use of other legal bases as alternative to consent for processing data
(d) restrictions on the use of metadata collected by organisations.
Restricted use of metadata could have a big negative impact on behavioural online targeted advertising companies, video gaming companies, smart homes and automated distribution initiatives, fitness and health wearable devices.
The next decade will be very interesting to see how the big online, social media companies and new technology innovators try to come to terms with, and balance, the new data protection, privacy requirements which are being enforced to protect data subjects from being exploited.