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EU: Presidency releases revised draft ePrivacy Regulation

The Presidency of the Council of the European Union ('the Presidency') released, on 21 February 2020, its revised text of the proposed 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'). In particular, the Draft ePrivacy Regulation introduces the possibility to process metadata for legitimate interests, as well as to use the processing and storage capabilities of terminal equipment, and to collect information from end-users' terminal equipment when it is necessary for the purpose of the legitimate interests pursued by the service provider, except when such interest is overridden by the interests or fundamental rights and freedoms of the end-user.

In addition, the Draft ePrivacy Regulation provides that the end-user's interests shall be deemed to override the interests of the service provider where the end-user is a child, where the service provider processes, stores, or collects the information in order to determine the nature and characteristics of the end-user or to build an individual profile of the end-user or the processing, and where the storage or collection of the information by the service provider contains special categories of personal data, as referred to in Article 9(1) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR').

Lastly, the Draft ePrivacy Regulation will be discussed during the Working Party on Telecommunications and Information Society meeting on 5 and 12 March 2020.

You can read the Draft ePrivacy Regulation here.