Current status: Negotiating mandate agreed
The Proposal for a Regulation Concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) ('the Draft ePrivacy Regulation') is a draft piece of EU legislation that has been designed to update requirements related to privacy and electronic communications and harmonise these with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). The Draft ePrivacy Regulation will replace the Directive on Privacy and Electronic Communications (2002/58/EC) (as amended) ('the ePrivacy Directive').
The Draft ePrivacy Regulation was originally proposed in 2017, following which there have been several discussions and new drafts released. Negotiations are still ongoing and it remains to be seen if and when the Draft ePrivacy Regulation will be finalised and become law.
The Council of the European Union announced, on 10 February 2021, that its Member States had agreed on a negotiating mandate and that the Portuguese Presidency of the Council will now commence negotiations with the European Parliament on the agreed text.
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