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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: E-Privacy Directive

Posted in International/EU Privacy

Crumbs of Comfort: the Advocate-General’s Opinion on Consent and Cookies in Planet49

It’s no secret that a hot topic, perhaps the hot topic, in the European data protection world at present is the interplay between the GDPR and the e-Privacy Directive, in particular how it affects online advertising involving cookies. The European Data Protection Board recently released an opinion on this topic, and on 21 March the Court of Justice of the European Union released Advocate-General Szpunar’s opinion in the case of Planet49, which discusses the requirements for valid consent, in the context of both cookies under the e-Privacy Directive and more general data processing under the GDPR.

Posted in International/EU Privacy

New Notice and Consent Rules under Proposed EU e-Privacy Regulation

The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific privacy framework relating to electronic communications within the EU and ensure consistency with the GDPR. Compared to the existing Directive, the draft e-Privacy Regulation has broader territorial reach and applies generally to the provision of electronic communications services to end users in the EU and to the use of such services. It is also concerned with the protection information related to the devices of end users located in the EU.

Posted in Consumer Privacy, International/EU Privacy

Spanish Data Protection Agency Releases Guidance on Cookies Regulation

On April 26th, the Spanish Data Protection Agency (“SDPA”) issued its long-awaited guidance on the Spanish cookies regulation, which requires companies seeking to place cookies on users’ devices to obtain those users’ prior opt-in consent after providing them with clear and complete information about the use of cookies and the purposes for which data collected via cookies will be processed. The guidance, which the SDPA drafted in collaboration with industry, takes a business-oriented approach and provides companies with several alternatives for complying with the regulation’s notice and consent requirements.

Posted in International/EU Privacy

European Cookie Legislation: Pragmatic advice for five jurisdictions

Hogan Lovells privacy lawyers from five European jurisdictions have published an overview of privacy rules applicable to Internet cookies in Europe . The new rules, which flow from a recent amendment to the European E-Privacy Directive, are not yet settled in all European Member States. This overview provides practical guidance on how to comply with the new prior consent rules that will apply in the United Kingdom, France, Germany, Italy and Spain.