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e-Privacy Directive & e-Privacy Regulation

Operationalize Privacy Regulation with the most comprehensive PrivacyOps platform.

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Directive 2002/58/EC on Privacy and Electronic Communications, known more prominently as the ePrivacy Directive, is a key set of instructions released to ensure the privacy and confidentiality of all electronic communications within the European Union (EU). It applies to the processing of personal data in connection with the provision of publicly available electronic communication networks.

The GDPR, passed in 2018, complements the Directive and must be read together to ensure the protection of personal data of data subjects in the EU. Together with the e-Privacy Directive and the GDPR, the European Union offers the most comprehensive and strongest data protection legal frameworks currently in the world.

The e-Privacy Directive is expected to be replaced by the e-Privacy Regulation which is currently in its draft stage. 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. It will widen the territorial scope of the Directive by also including within its scope data controllers that are not established in the EEA but are established in a place where member state law applies by virtue of public international law.


The Solution

Securiti helps you achieve absolute compliance with e-Privacy Directive and e-Privacy Regulation thanks to its wide array of products such as ​​PI data discovery, data categorization, documented accountability, and AI-process automation, among others.

Our experts at Securiti continue to closely monitor the development process in connection to the e-Privacy Regulation to help you prepare for compliance.

Our products are backed up by Securiti's renowned artificial intelligence and machine learning-based algorithms that have made Securiti a pioneer in providing data governance and compliance solutions. .

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Request a demo today to learn how Securiti can aid you and your organization's compliance efforts.


 

Monitor & Track Consent

e-PD Articles: 5(1) 6(3), 9(1), 13

Identify consent collection points spread throughout a user’s online journey and sync consent status across all organizational units and systems. Also, honor consent revocations immediately and effectively via a Preference Center.

Furthermore, you can maintain comprehensive and updated audit trails to respect the end-user’s latest choices and demonstrate compliance with consent requirements.

universal consent dashboard

Assess Readiness

e-PD Articles: 3, 4, 5

Evaluate your organization's practices and mechanisms in place against the regulatory requirements to identify any gaps and address them accordingly in real time.

Thanks to the centralized dashboard, you can automate regular assessments of your organization's practices and protocols to ensure complete compliance.

Meet Cookie Compliance

e-PD Article: 5(3)

Our Cookie Consent Management Solution enables you to automatically scan cookies, categorize cookies by their properties and retention periods and deploy cookie consent banners.

Honor opt-out requests immediately by configuring a customizable Preference Center. Also, maintain updated audit trails and capture the exact types of cookies a user consents to.

Obtain Consent for Identification Technologies

e-PD Articles 5(3)

Our Cookie Consent Management scanner detects not just cookies but similar tracking technologies that allow the identification of end-users by obtaining personal data from user’s terminal equipment. These technologies include built-in storage mechanisms (local storage and session storage), tracking pixels and web beacons.

In addition to scanning and automatic classification, obtain the end-user’s consent before the use of identification technologies and ensure compliance.

Automate Data Breach Response Notifications

e-PD Articles: 4(2)

Have an automated and pro-active personal data breach response system in place that enables you to inform regulatory authorities and the affected persons as per the regulatory requirements.

Additionally, gain insights about the impacted users and what data was compromised to gain a better understanding of which areas require security reassessments.

breach response notification

Automate Privacy Notice Creation & Management

e-PD Articles: 6(4), 9(1)

Our Privacy Notice Creation & Management Solution incorporates a secure privacy portal to help you provide transparent privacy notices to users about the types of data to be processed, the purposes of data processing, and whether the data will be transmitted to third parties.

Furthermore, you can import and sync the organization’s cookie policy within the privacy notice by importing results from cookie scanning.

Facts About e-Privacy

1

The primary purpose of e-Privacy Directive and e-Privacy Regulation is to ensure the confidentiality of electronic communications;

2

e-PD and e-PR regulate all publicly available electronic communications services and telecommunication services irrespective of the technologies used;

3

e-PD and e-PR require all websites to obtain end user’s consent for the use of cookies and similar tracking technologies;

4

The e-PD requires all member EU states to enact their own data protection laws in order to implement the provisions of the ePD;

5

The e-PR will automatically apply to all member states of the EU;

6

The e-Privacy Regulation is meant to replace the ePD at some point in the future. A negotiating mandate has been reached by the Council of European Union in connection to the e-PR;

7

The e-Privacy Regulation allows direct marketing only with the consent of individuals. It requires entities to protect end-users against unsolicited marketing communications;

8

Once made into law, the e-Privacy Regulation will have potentially significant effects on organizations especially those that use metadata or tracking tools to monitor online behavior. Any violation of the regime will be subject to administrative fines up to 20 million euros or 4$ of the company’s total worldwide annual revenue, whichever is greater.

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