ePrivacy Update: 29th November 2019

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The ePrivacy Regulation (that sets the rules on digital marketing and the use of cookies) could be dead after all!

A couple of weeks ago I reported that the Finnish presidency of the EU had re-invigorated the ePrivacy Regulation after adding some amends for review by the European Commission.

However, it would seem that at recent discussions, too many member state representatives rejected the proposals for being too watered down. So, it looks like the ePrivacy Regulation discussions will roll into 2020 with future presidencies (Croatia and Germany) needing to decide whether to withdraw the regulation or re-draft it and try and get the support it needs to move forward.

Until (or if) the ePrivacy Regulation comes to pass, the UK’s Privacy and Electronic Communications Regulations 2003 (PECR) will continue sit alongside GDPR and will be part of a member-by-member collection of national laws across Europe, so any compliance with these marketing and cookie rules will continue to be on a country-by-country basis.

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