The Presidency of the Council of the European Union recently published its Discussion Paper 6726/18 regarding the ePrivacy Regulation (March 2018). The document deals with the Articles 1, 5, 6, 7, 12, 13 and 14 their related recitals.
Bitkom has commented on several questions regarding the Proposal for the ePrivacy Regulation and on the latest Presidency Papers and would like to use this opportunity to comment on the latest developments as well.
The latest Presidency Papers regarding the ePrivacy Regulation have shown a need for more discussions on certain aspects of the Proposal. Bitkom urges the Presidency to clarify the relationship between GDPR and ePrivacy and find a practical approach for processing of metadata and settings in Browsers and other software that enables access to the internet. Furthermore, a clear distinction is necessary between the concept of “confidentiality of communication” and processing of data that falls into the scope of the ePrivacy. The provisions of Art. 6, 8 and 10 of the proposal need to be amended for a more practical approach that is consistent with the legal grounds for processing in the GDPR.
Our latest Position Paper on the issue can be downloaded here: