Draft of e-Privacy Regulation Rejected!

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This is a follow up on our prior posting in regard of the status of adoption of the EU ePrivacy Regulation.

On 22 November, the Permanent Representatives Committee of the Council of the European Union (COREPER) rejected the Council’s position on a draft ePrivacy Regulation. This creates further difficulty in the process of adoption of more detailed and up-date e-privacy rules since the ePrivacy regulation lingers in various stages of adoption for so long and it is expected to complement the GDPR on crucial topics such as cookies and unsolicited commercial advertising.

The revised proposal for the new ePrivacy Regulation was issued by the Finnish presidency for review on 15 November with the aim to get it through to the European Commission meeting of 3 December 2019. The proposal was nonetheless rejected by too many Member State representatives and as such did not survive.

Under the Croatian and German presidencies of 2020 will have a limited choices of continuing the ePrivacy adoption saga: they can either re-draft a proposal and attempt to get sufficient support for it, or withdraw the entire proposal altogether.

What this means in practice is that the rules in the EU around cookies and spam will remain a patchwork of national laws implementing the ePrivacy directive and that multinational companies will have to check their compliance on a country-by-country basis.