E-Privacy Regulation: Council of the European Union adopts draft proposal

Posted on 01.04.2021

On February 10, the Council of the European Union (EU) agreed on its mandate for the draft ePrivacy Regulation (Council Position). The ePrivacy Regulation will repeal the existing ePrivacy Directive, overhaul the rules on cookies and regulate the use of and access to electronic communications data. As lex specialis to the General Data Protection Regulation (GDPR), it aims to particularise and complement the General Data Protection Regulation GDPR. In this context, the European Data Protection Board (EDPB) adopted a statement on the latest Council draft, in which they welcome the planned ePrivacy Regulation but also pointed out some important considerations, among others, on confidentiality and consent related to cookies.

With regards to the next steps, the European Commission, the European Parliament, and the Council of the EU will start negotiating the final mandate of the ePrivacy Regulation, which might still change the draft text. Under the current draft, companies would benefit from a two-year transition period to comply with the new rules. MedTech Europe is monitoring the developments around the ePrivacy Regulation including any impact on the medtech sector.

For more information, please contact Caterina Marcon ([email protected]).