The European Commission has proposed a draft ePrivacy Regulation that will repeal and replace the current ePrivacy Directive. The draft Regulation forms part of the Digital Single Market strategy and seeks to ensure stronger privacy rules for all electronic communications. In addition the draft Regulation attempts to harmonise the rules around electronic communications with the EU’s General Data Protection Regulation.

A key aspect of the draft Regulation is that it will broaden the scope of ePrivacy rules. Currently, ePrivacy rules only apply to telecommunication companies however, the draft Regulation will apply to all providers of electronic communications, such as web-based messaging services, and internet of things (IoT) devices.

The draft Regulation substantially retains the rules regarding direct marketing allowing businesses to market similar products and services to existing customers, provided such customers are given a clear opportunity to opt-out of such marketing communications.

For further information, William Fry’s dedicated privacy website, PrivacySource, will include more in-depth analysis on the draft Regulation in the coming weeks.

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Contributed by John Magee