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Germany: BfDI criticises Council's position on ePrivacy Regulation

The Federal Commissioner for Data Protection and Freedom of Information ('BfDI') issued, on 10 February 2021, a statement on the Council of the European Union's position on the 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). In particular, the BfDI highlighted a number of issues with the ePrivacy Regulation, namely regarding the reintroduction of data retention, the use of cookie walls, data subject rights, Data Protection Impact Assessments, and consent requirements.

BfDI Professor Ulrich Kelber, stated, ''If the ePrivacy Regulation remains as the Council decided, that would be a severe blow to data protection. I urge the European Parliament and the European Commission to advocate for raising the level of data protection.''

You can read the press release, only available in German, here.