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Nearly a year ago, on 10 January 2017, the EU Commission released the proposed ePrivacy Regulation (ePR). The three main areas covered by the legislation are the use of electronic communications data by telecommunications operators and other specified entities, the use of tracking applications, and unsolicited direct marketing communications. The ePR aims to ensure a coherent, up-to-date framework capable of balancing economic interests and privacy rights of natural persons reflected in the Article 7 of…
The European Commission today published its formal proposal for a new regulation on e-Privacy (“ePR”), following publication of a leaked draft in late December 2016. The Commission also issued a communication on “Exchanging and Protecting Personal Data in a Globalised World”, a communication on “Building a European Data Economy” and a proposal for a Data Protection Regulation applicable to the EU institutions, as part of its Digital Single Market strategy. The proposed ePR is intended…
On 21 December 2016, the Court of Justice of the European Union (“CJEU”) issued a new ruling interpreting national laws in the UK and Sweden which obligate telecommunications operators to engage in the bulk collection of metadata associated with various forms of data communications transmissions.  The issues were referred to the CJEU by the UK and Swedish courts, seeking a preliminary ruling on the interpretation of Article 15(1) of the e-Privacy Directive, read in light…
As widely expected, the EU-US Privacy Shield is being challenged before the European courts. What is Privacy Shield? In October 2015, the Court of Justice of the European Union (CJEU) ruled that the European Commission’s decision on adequacy for the Safe Harbor scheme was invalid.  The European Union and the United States agreed a new framework for the exchange of personal data for commercial purposes called the Privacy Shield to replace Safe Harbor. The Privacy…