Securiti leads GigaOm's DSPM Vendor Evaluation with top ratings across technical capabilities & business value.

View

Updates on EU’s e-Privacy Regulation: What you need to know

Published May 24, 2021
Author

Omer Imran Malik

Data Privacy Legal Manager, Securiti

FIP, CIPT, CIPM, CIPP/US

Listen to the content

On 5 January 2021, the Council of the European Union under the Portuguese Presidency released the 14th version of the e-Privacy Regulation. Read our summary of the 14th draft of the e-Privacy Regulation here.

On 10 February 2021, the Council of the European Union agreed on a Negotiating Mandate on the 14th draft. This has happened after 4 continuous years of negotiations. It means that the trialogue negotiations among the Council, the European Parliament and the Commission can begin. Some key aspects of the Negotiating Mandate are as follows:

  • The e-Privacy Regulation will cover electronic communications content and associated metadata transmitted using publicly available services and networks as well as cover machine-to-machine and Internet of Things services.
  • The processing of electronic communications data is allowed only under limited circumstances:
    • Where it is necessary to provide an electronic communications service,
    • Where it is necessary to maintain or restore the security of electronic communications networks and services, or detect technical faults, security risks, and/or attacks on electronic communications networks and services,
    • Where it is necessary to detect or prevent security risks or attacks on the terminal equipment of end-users,
    • Where it is necessary for compliance with a legal obligation to which the electronic communications service provider is subject.
  • The processing of electronic communications metadata may take place for the protection of the end-users’ vital interests, for example, for monitoring epidemics and their spread or in humanitarian emergencies, in particular natural or man-made disasters.
  • For further processing of electronic communications data for a purpose other than the one it was originally collected, such another purpose must be compatible with the initial purpose and strong specific safeguards must apply to it.
  • The end-user should have a genuine choice on whether to accept cookies or similar tracking technologies. Making access to a website conditional on the user’s consent to the use of cookies is allowed only if the end-user is provided an equivalent alternative offer by the same provider that does not involve consenting to cookies.
  • To avoid cookie consent fatigue, the end-user should be able to give consent to the use of certain cookie types by whitelisting certain providers in their browser settings.
  • End-users who have consented to the processing of electronic communications data shall be reminded of the possibility to withdraw their consent at periodic intervals of no longer than 12 months, as long as the processing continues, unless the end-user requests not to receive such reminders.
  • Direct marketing without the consent of individuals is prohibited. Safeguards should be provided to protect end-users against unsolicited marketing communications and allow them to withdraw consent, free-of-charge, at any time.

On 9 March 2021, the European Data Protection Board adopted a statement on the e-Privacy Regulation, welcoming the Negotiating Mandate but also raising some concerns. Some of the concerns raised by the EDPB are as follows:

  • The exceptions that allow the access of electronic communications data to ensure network and end-user device security are broad. Such exceptions need to be proportionate and narrowed down to not undermine the end-user’s right to confidentiality and privacy expectations.
  • Strong, standardized, and efficient state-of-the-art encryption is a necessity in the modern digital world and there should not be any possible attempts to weaken encryption even for national security purposes.
  • There is a need to include an explicit provision on the prohibition of unfair consent practices such as the “take it or leave it” solution (cookie walls).
  • One of the bases on which the use of tracking technologies is allowed is when it is necessary for the sole purpose of audience measurement. The EDPB emphasizes that such derogation for audience measurement should be limited to low-level analytics necessary for the analysis of the performance of the service requested by the user and should be solely limited to providing statistics to the service operator.
  • The EDPB emphasizes the need to address “consent fatigue” and that browsers and operating systems should put in place user-friendly and effective mechanisms to allow controllers to obtain consent from users.

What’s next?

Our experts at Securiti will continue to closely monitor the negotiation developments to help you prepare for compliance.

Schedule Your
Personal Demo

Learn how you can leverage Securiti’s Data Command Center to address data security, privacy, governance, and compliance.

See a demo
Schedule your demo today

The e-Privacy Regulation once made into law, will have potentially significant effects on organizations especially those that use metadata or tracking tools to monitor online behavior. By aligning with the principles of the GDPR, the e-Privacy Regulation aims to create more uniformity and certainty for organizations as to what compliance actions need to be taken.

Failing to comply with the provisions of the e-Privacy Regulation may lead to administrative fines up to 20 million euros or four percent of the company’s total worldwide annual revenue, whichever is greater. Considering such exorbitant potential fines, it is highly  important for organizations to proactively manage electronic communications data as per the applicable requirements.

Join Our Newsletter

Get all the latest information, law updates and more delivered to your inbox


Share

More Stories that May Interest You
Videos
View More
Mitigating OWASP Top 10 for LLM Applications 2025
Generative AI (GenAI) has transformed how enterprises operate, scale, and grow. There’s an AI application for every purpose, from increasing employee productivity to streamlining...
View More
Top 6 DSPM Use Cases
With the advent of Generative AI (GenAI), data has become more dynamic. New data is generated faster than ever, transmitted to various systems, applications,...
View More
Colorado Privacy Act (CPA)
What is the Colorado Privacy Act? The CPA is a comprehensive privacy law signed on July 7, 2021. It established new standards for personal...
View More
Securiti for Copilot in SaaS
Accelerate Copilot Adoption Securely & Confidently Organizations are eager to adopt Microsoft 365 Copilot for increased productivity and efficiency. However, security concerns like data...
View More
Top 10 Considerations for Safely Using Unstructured Data with GenAI
A staggering 90% of an organization's data is unstructured. This data is rapidly being used to fuel GenAI applications like chatbots and AI search....
View More
Gencore AI: Building Safe, Enterprise-grade AI Systems in Minutes
As enterprises adopt generative AI, data and AI teams face numerous hurdles: securely connecting unstructured and structured data sources, maintaining proper controls and governance,...
View More
Navigating CPRA: Key Insights for Businesses
What is CPRA? The California Privacy Rights Act (CPRA) is California's state legislation aimed at protecting residents' digital privacy. It became effective on January...
View More
Navigating the Shift: Transitioning to PCI DSS v4.0
What is PCI DSS? PCI DSS (Payment Card Industry Data Security Standard) is a set of security standards to ensure safe processing, storage, and...
View More
Securing Data+AI : Playbook for Trust, Risk, and Security Management (TRiSM)
AI's growing security risks have 48% of global CISOs alarmed. Join this keynote to learn about a practical playbook for enabling AI Trust, Risk,...
AWS Startup Showcase Cybersecurity Governance With Generative AI View More
AWS Startup Showcase Cybersecurity Governance With Generative AI
Balancing Innovation and Governance with Generative AI Generative AI has the potential to disrupt all aspects of business, with powerful new capabilities. However, with...

Spotlight Talks

Spotlight 11:29
Not Hype — Dye & Durham’s Analytics Head Shows What AI at Work Really Looks Like
Not Hype — Dye & Durham’s Analytics Head Shows What AI at Work Really Looks Like
Watch Now View
Spotlight 11:18
Rewiring Real Estate Finance — How Walker & Dunlop Is Giving Its $135B Portfolio a Data-First Refresh
Watch Now View
Spotlight 13:38
Accelerating Miracles — How Sanofi is Embedding AI to Significantly Reduce Drug Development Timelines
Sanofi Thumbnail
Watch Now View
Spotlight 10:35
There’s Been a Material Shift in the Data Center of Gravity
Watch Now View
Spotlight 14:21
AI Governance Is Much More than Technology Risk Mitigation
AI Governance Is Much More than Technology Risk Mitigation
Watch Now View
Spotlight 12:!3
You Can’t Build Pipelines, Warehouses, or AI Platforms Without Business Knowledge
Watch Now View
Spotlight 47:42
Cybersecurity – Where Leaders are Buying, Building, and Partnering
Rehan Jalil
Watch Now View
Spotlight 27:29
Building Safe AI with Databricks and Gencore
Rehan Jalil
Watch Now View
Spotlight 46:02
Building Safe Enterprise AI: A Practical Roadmap
Watch Now View
Spotlight 13:32
Ensuring Solid Governance Is Like Squeezing Jello
Watch Now View
Latest
Navigating the Data Minefield: Essential Executive Recommendations for M&A and Divestitures View More
Navigating the Data Minefield: Essential Executive Recommendations for M&A and Divestitures
The U.S. M&A landscape is back in full swing. May witnessed a significant rebound in deal activity, especially for transactions exceeding $100 million, signaling...
Simplifying Global Direct Marketing Compliance with Securiti’s Rules Matrix View More
Simplifying Global Direct Marketing Compliance with Securiti’s Rules Matrix
The Challenge of Navigating Global Data Privacy Laws In today’s privacy-first world, navigating data protection laws and direct marketing compliance requirements is no easy...
What to Know About Quebec’s Act Respecting Health and Social Services Information (AHSSS) View More
What to Know About Quebec’s Act Respecting Health and Social Services Information (AHSSS)
Learn more about Quebec's AHSSS, including its obligations on healthcare providers, researchers, and technology providers, with Securiti's latest blog.
View More
What is Automated Decision-Making Under CPRA Proposed ADMT Regulations
Learn more about automated decision-making (ADM) under California's CPRA, its regulatory approach to the technology, and how to ensure compliance.
View More
Is Your Business Ready for the EU AI Act August 2025 Deadline?
Download the whitepaper to learn where your business is ready for the EU AI Act. Discover who is impacted, prepare for compliance, and learn...
View More
Getting Ready for the EU AI Act: What You Should Know For Effective Compliance
Securiti's whitepaper provides a detailed overview of the three-phased approach to AI Act compliance, making it essential reading for businesses operating with AI.
View More
Enabling Safe Use of Data with Amazon Q
Learn how robust DSPM can help secure Amazon Q data access, automate sensitive data tagging, eliminate ROT data, and maximize AI productivity safely.
Singapore’s PDPA & Consent: Clear Guidelines for Enterprise Leaders View More
Singapore’s PDPA & Consent: Clear Guidelines for Enterprise Leaders
Download the essential infographic for enterprise leaders: A clear, actionable guide to Singapore’s PDPA and consent requirements. Stay compliant and protect your business.
Gencore AI and Amazon Bedrock View More
Building Enterprise-Grade AI with Gencore AI and Amazon Bedrock
Learn how to build secure enterprise AI copilots with Amazon Bedrock models, protect AI interactions with LLM Firewalls, and apply OWASP Top 10 LLM...
DSPM Vendor Due Diligence View More
DSPM Vendor Due Diligence
DSPM’s Buyer Guide ebook is designed to help CISOs and their teams ask the right questions and consider the right capabilities when looking for...
What's
New