What is the ePrivacy regulation?

The ” Regulation on the respect for private life and protection of personal data in the electronic communications and repealing Directive 2002/58 / EC ” in short, the ePrivacy Directive (EPVO), as supplemented and clarified the general provisions of DSGVO in regard to electronic communication data.

The provisions of the ePrivacy Regulation are therefore senior to the DSGVO .

Affected by this Regulation shall be in the future anyone who electronic communication data and information relating to the terminal of the end user (ie, etc. smartphone, PC, tablet) processes that are associated with the provision and use of electronic communications services (see. Art. 2 para the ePrivacy VO design.) 1.

Is there a regulation really necessary?

The ePrivacy Regulation complements and clarifies the general provisions of DSGVO in terms of electronic communication data. Relevant provisions of this Regulation is only for business owners who operate communication services, such as offering a Messenger app. In this area, the very general rules of DSGVO are not specific enough and there is a need for a specific regulation.

The ePrivacy Regulation replaces the old ePrivacy Directive (2002/58 / EC) and the Cookie Policy. These guidelines from 2002 and 2009 to be replaced by the new regulation, which then is directly applicable and provides for a uniform law in all EU member states. While the German legislature has not yet implemented the cookie directive applies in many other Member States already have the “opt-in” rule. This can also be found in the draft ePrivacy Regulation, becoming the gaps in the current German law include so then nationwide clarity exist with regard to the legal framework in the use of cookies. Mainly affected the previously applicable provisions of §§11 ff TMG (provider-user relationship) and § 7 UWG (Unreasonable harassment) are.

What is the purpose of the regulation?

The ultimate aim of the regulation is to strengthen online privacy of EU citizens. In general, the citizens’ confidence in the digital communication will be improved by the new regulation. Its scope encompasses virtually any form of electronic communication – telephone, web or e-mail services through the Internet of Things (smart refrigerators, fitness tracker, smart vehicles).

What should you adjust?

The introduction of the ePrivacy Regulation involves mainly changes in marketing strategies and existing business models. The financing of online media is therefore might be at risk. Blogs, websites of various newspaper formats and similar models are currently often dependent on banners that are displayed on the respective sides. So far not paid by the user for the content and information, but the companies through their connected advertising.

As expensive violations EPVO?

Similar to the DSGVO a violation of the ePrivacy Regulation can be expensive. Due to be up to 4 percent of global sales last year to EUR 20 million.

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