Key Points at a Glance

The ePrivacy
Regulation will replace the ePrivacy and Electronic Communications Directive
2002, which was implemented in the UK in 2003.

The fact
that it is a regulation means it will be a legal act and will be immediately
enforceable in its entirety across all EU member states, as opposed to a
directive, which allows states to introduce their own mechanisms, provided they
match the spirit of the original directive.

Where
GDPR is focused on protecting personal data, the ePrivacy Regulation is more
about protecting personal privacy (both for individuals and businesses) across
electronic communications.

What does ePrivacy Regulation Cover?

The most
important question at this point is: What does the ePrivacy Regulation
actually cover?

The regulation
states that “electronic communications data should be defined in a
sufficiently broad and technology-neutral way so as to encompass any
information concerning the content transmitted or exchanged… and the
information concerning an end-user of electronic communications services
processed for the purposes of transmitting, distributing or enabling the
exchange of electronic communications content; including data to trace and
identify the source and destination of a communication, geographical location
and the date, time, duration and the type of communication.”

Communications
are protected regardless of whether the data is transmitted by wire, radio,
optical or electromagnetic methods. That means communication data sent via
satellites, cables, fixed networks, and electricity cable systems falls under
the ePrivacy Regulation.

Such data
should always remain confidential, and any interference with the communication
of that data, either directly by a human or through automated processes,
without the consent of the user, is prohibited.

Interference in this context can occur at any time during the transfer of that data or metadata, including during its transmission and at its destination. For example, listening to calls, scanning of electronic messages, monitoring of visited websites, and the monitoring of interactions between users all constitutes a breach of the regulation.

We have created an infographic to help you better understand the subject.