The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report1proposing amendments this week.
The e-Privacy Regulation will regulate new electronic communication services such as instant messaging, VOIP services, web-based email, and IoT devices, and will impose significant additional obligations on Internet services and related technologies, including cookies and similar technologies. It supplements the General Data Protection Regulation (GDPR) adopted last year,2which becomes effective May 25, 2018, and warrants a similar level of attention.
The Draft Report is the EU Parliament's first legislative step towards the adoption of the e-Privacy Regulation, after the EU Commission Proposal earlier this year. We expect the final position of the EU Parliament to come in a Fall 2017 vote. However, this week's Draft Report sets the tone for forthcoming discussions.
This Wilson Sonsini Alert provides background information, identifies the main takeaways of the Draft Report, and provides an overview of the next steps. Read our previous Wilson Sonsini Alert for more information on the Proposal.
Background
The EU data protection legal framework is composed mainly of two legal instruments: (1) the Data Protection Directive (to be replaced by the GDPR), which sets conditions for the processing of personal data; and (2) the e-Privacy Directive,3which provides specific rules for the electronic communications sector. The Proposal would replace the e-Privacy Directive with an e-Privacy Regulation, giving it direct effect in all EU countries. For issues relating to electronic communications, the rules of the e-Privacy Regulation would prevail over the GDPR.
Key Points of the Draft Report
Next Steps
The publication of the Draft Report is by no means the end of the legislative process. Now, the EU Parliament Committee is expected to issue its Final Report after the summer. The EU Parliament will then likely adopt the final version of its amendments during the fall of 2017. In parallel, the Council of the EU will adopt its own amendments. Once both the EU Parliament and the Council of the EU have adopted their position, they will negotiate the final text of the e-Privacy Regulation together with the EU Commission.
Initially, the deadline for the adoption of the e-Privacy Regulation was set for May 2018 to coincide with the entry into force of the GDPR. As of today, this time frame seems unrealistic, and the legislative process is likely to take much longer.
We will continue to monitor developments and provide updates on any significant news.
Wilson Sonsini helps clients manage risks related to the enforcement of global and European privacy and data protection laws. For more information, please contact Cédric Burton, Christopher Kuner, Lydia Parnes, Christopher Olsen, or any member of the firm's privacy and cybersecurity practice.