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Published on May 24, 2021 AUTHOR PRIVACY RESEARCH TEAM
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:
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:
Our experts at Securiti will continue to closely monitor the negotiation developments to help you prepare for compliance.
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.