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EU to withdraw ePrivacy Regulation; replacement bills expected on Data Retention Directive, Digital Fairness Act (cookies, dark patterns) and digital advertising, decision likely November 2024

Published on: 21 June 2024

Published by an LexisNexis Practice Compliance expert

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Replacement bills

Article summary

e-Privacy Regulation

MLex reports that the incoming European Commission, expected to take office later this year, plans to withdraw the bill and present a fresh proposal. In its stead, policymakers may advance distinct legislative measures addressing data retention, web cookies and digital advertising. First tabled in 2017, the e-Privacy Regulation was designed to safeguard the confidentiality of electronic communications and to complement the EU's flagship data protection law, the General Data Protection Regulation. Cast as a lex specialis (a measure focused on a defined area), it was meant to expand on specific facets of the GDPR. It was also intended to replace a 2002 directive, which was revised in 2009 to add user consent rules for cookies. Negotiations on the e-Privacy Regulation ultimately hit an impasse after a French-led move to include provisions setting out how law-enforcement bodies could gain access to, and retain, electronic communications data and related metadata...

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