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ePrivacy Regulation – why it is important for companies

The proposal published in January 2017 reviews the rules for confidentiality of electronic communications data notably to adapt them to the online world. As such it builds on and goes beyond the General Data Protection Regulation (GDPR, entry into force May 2018), as it also includes non-personal data. The proposal is available in all languages here.

While the European Parliament moved quickly and adopted a very strict position, Member States are still in the process of fully understanding the rules proposed by the Commission and defining their position.
AmCham EU prepared an infographic that explains possible consequence of the regulation. The proposal raises several concerns about the future of the data economy as it would make it almost impossible to process any electronic communication content and metadata (including in an Internet of Things context and for any type of software) without having obtained prior consent of the “end-user”. Contrary to the GDPR, it does not foresee any flexibility for businesses in processing such data, notably not the legal ground of legitimate interest.
AmCham EU position paper is available here, and amendment proposals attached.
Do not hesitate to contact the AmCham Policy Team at policy@amcham.sk with any further enquiries

Download the "Infographic-AmChamEU-eprivacy"
DOWNLOAD pdf Format: .pdf, size: 0.11MB
Download the "AmCham EU_Amendments_ePrivacy Regulation"
DOWNLOAD pdf Format: .pdf, size: 0.72MB
Download the "amchameu_position_eprivacy_proposal_final"
DOWNLOAD pdf Format: .pdf, size: 0.47MB  
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