Across the world, large retail stores and small businesses alike are shutting their doors. International flights and sporting events, conferences and concerts (and everything in between) are being cancelled. With all of the cancellations, postponements, and alternative arrangements that are required as a result of this global crisis, plus the special desire of all retail, travel, and other consumer-facing businesses to stay in touch with their customers, many organisations face the critical challenge of getting to grips with the legal rules that apply to those unsolicited communications and interactions.
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.
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.
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.