The European Commission has proposed a new draft ePrivacy Regulation to replace the existing ePrivacy Directive.
Key features of the new ePrivacy Regulation are:
- Broader scope – The regulation captures broader technologies, such as Voice over IP, instant messaging and web-based email services, which do not currently fall within the scope of the ePrivacy Directive.
- Direct marketing – Individuals will need to consent to receiving marketing calls (i.e. ‘opt in’), unless national laws provide otherwise. This could mean a change from the current position under UK law, which permits non-automated marketing calls unless the individual has opted out.
- Penalties – Penalties under the new regulation will be significantly higher. In line with the GDPR, the maximum fine for the most serious breaches will be EUR 20 million or 4% of annual worldwide turnover, whichever is higher.
The regulation is in the early stages of the EU legislative process and therefore is subject to change.
For further information on the ePrivacy Regulation and general data protection advice, please contact Beverley Flynn on +44 (0) 1483 734264 or a member of the commercial team at Stevens & Bolton.