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What about the E-privacy regulation?

Privacy and Cookies

Nixon digital for ServiceManager

Tristan Terlouw

Digital Marketing Strategy Nixon

What about the E-privacy regulation?​

Consent and Preference

Nixon digital for ServiceManager

Tristan Terlouw

Digital Marketing Strategy Nixon

If you thought navigating online privacy was already a labyrinth, hold onto your hats, because the EU is taking things to a whole new level with the E–privacy Regulation! This legislation is all about regulating the privacy and confidentiality of electronic communications, making sure sensitive information is not carelessly being tossed around the digital sphere.

What is wrong with this bill?

The E-privacy Regulation has been in the works for years now, but it seems to be stuck in Brussels with no end in sight. The bill contains specific rules on electronic communications and personal data, covering topics such as telemarketing, sending emails, and even unkown cookie usage. 

However, the legislative process has been plagued by disagreements among EU member states, particularly France and Germany. The E-Privacy Regulation has significant implications for online advertising, media, and telecommunications, no wonder why it takes so long to finalize. 

The E-privacy Regulation is designed to regulate privacy and confidentiality in electronic communications and metadata. This information can reveal sensitive and personal information, such as websites visited and phone numbers called. And let us not forget the fact that electronic communication data can reveal important information about legal entities such as trade secrets. 

Both the GDPR and the E-privacy Regulation address data protection in Europe. However, the GDPR focuses on personal information while the E-privacy Regulation deals with online communication privacy. These laws work together and reinforce each other, so do not worry about changing your GDPR processes. The E-privacy regulation will simply broaden the privacy rules of the EU.

E-privacy regulation blog 12 - Key elements of the ePrivacy Regulation - Nixon Digital

Key elements of the ePrivacy Regulation

New rules for privacy:
The future of electronic communication services, such as WhatsApp, Facebook Messenger, and Skype, is about to undergo a major shift. New privacy rules will be applied to these popular platforms, ensuring that their users receive the same level of confidentiality in their communications as traditional telecom operators.

Stronger trules: 
All individuals and businesses in the EU will soon be able to enjoy the same level of protection for their electronic communications. This directly applicable regulation will provide a single set of rules across the entire EU, making it easier for businesses to comply.

Communications content and metadata: 
The privacy of communications content and metadata is very importance. Metadata, such as author, date created, and location, contains sensitive information that should be anonymized or deleted if users do not consent, except in the case of billing purposes.

New business opportunities with user consent:
Once consent is granted for processing communications data, traditional telecom operators will have the opportunity to offer new services and grow their businesses. For example, they could create heat maps that show the presence of individuals, providing valuable insights to public authorities and transport companies for new infrastructure projects.

Simpler rules for cookies:
The cookie provision, which previously resulted in an overwhelming number of consent requests for internet users, will be streamlined. The new rule will be more user-friendly, with browser settings offering an easy way to accept or reject tracking cookies and other identifiers. The proposal also clarifies that consent is not required for non-intrusive cookies that enhance the internet experience, such as remembering shopping cart history or counting website visitors.

Spam protection: 
This proposal aims to ban unwanted electronic communications, including email, SMS, and automated calling machines. Depending on national law, individuals will either be protected by default or have the option to use a do-not-call list to stop marketing phone calls. Marketing callers will need to display their phone number or use a special prefix number that indicates a marketing call.

Effective enforcement for confidentiality rules:
The enforcement of the confidentiality rules in this regulation will be the responsibility of data protection authorities, who are already in charge of the rules under the GDPR. This will ensure that these rules are effectively enforced for the protection of all EU residents.

Consent, Consent, Consent

Once the E-privacy Regulation is fully passed, consent will become even more important. Users must be given the choice to accept cookies, following the GDPR its designation of requiring consent before collecting, storing, or processing users’ data. 

In conclusion, the battle for online privacy in Europe continues with the E-privacy Regulation and the stalled bill. While it may take some time for the E-privacy Regulation to be published, it is important to know that it will simply broaden the privacy rules of the EU, working in conjunction with the GDPR. And remember, consent will always be key. At Nixon Digital, we understand the importance of compliance with the E-privacy Regulation, particularly with regards to cookie usage. That’s why we offer comprehensive solutions to help you stay compliant.

Our team evaluates various factors such as scope, compatibility, privacy, different types of cookies, cookie management, GTM access, and 3rd party technology to ensure the effectiveness of your website’s cookie management system. With Nixon Digital, you can rest assured that your website is in good hands

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