Look out for the new incoming ePrivacy Regulation and its GDPR integration

The European Data Protection Board issued a statement on 13 March 2019 urging the European Authorities to implement the new ePrivacy Regulation (the “Regulation”).

The Regulation itself sits alongside the existing GDPR framework and focuses on email marketing and cookies consent.

Debate has been generated around the extent to which the Regulation and the GDPR practically sit alongside each other to ensure that the, now onerous, data protection regime does not duplicate obligations. The Panopticon Blog has an excellent post covering this issue from Robin Hopkins.

TPP will be keeping a close eye on the progress of the negotiations and will cover the Regulation itself when published in full. Readers should expect amendments to what data processing activities can be undertaken on a legitimate basis- the Regulation, in some instances, may require the higher threshold of consent for some activities. Care should be taken to ensure compliance regimes are in place to integrate any changes- the EDPB will likely have further guidance shortly.

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