Category Archives: Privacy By Design

With the GDPR on the horizon, the EU is now overhauling and expanding the reach of the more specific privacy rules which relate to direct marketing, cookies and other forms of online monitoring. The ability of social media and messaging services to track users is one of many areas touched on in the European Commission's newly proposed ePrivacy Regulation, which was officially unveiled last week. We highlight some key impacts for the tech and media sectors, provided the proposed draft passes through the legislative process without dramatic changes. Businesses should incorporate these new requirements into their GDPR readiness planning. Why are the rules being updated?
  • The regime for electronic communications, based on the EU's Privacy and E-communications Directive (PECD), which dates back to 2002, is being overhauled as part of the Commission's Digital Single Market package.
  • Since the last review of the PECD in 2009, a new … Continue Reading ››
Yesterday (13 December) in time-honoured tradition, a draft proposal of the European Commission's (EC) new ePrivacy Regulation was leaked. The official draft of the proposal is not expected to be published by the EC until January 2017, and it is possible some of the detail will change before then. Datonomy will be providing fuller analysis of the real thing in the near future, but an initial look at the leaked draft – which (typos aside) gives a good indication of what to expect - reveals the following:
  1. It's a Regulation rather than a Directive (as predicted by Datonomy here)
As with the GDPR, this is intended to provide additional harmonisation and simplification. However, there are a number of areas where Member States can nuance provisions.
  1. A fining regime similar to GDPR
Offenders can expect turnover based fines. For example, fines of up to 2% of turnover, or up to 10,000,000 … Continue Reading ››
With so many UK developments to report on recently, Datonomy has only just caught up with this important announcement from the European Commission about the wider picture – namely the long-awaited reform of Directive 95/46/ EC. It forms part of a recent speech by Viviane Reding, Vice-President of the European Commission on "Next Steps for Justice, Fundamental Rights and Citizenship in the EU".

Datonomy readers may remember the Commissioner's previous announcement back in January which we reported here.
That was somewhat light on detail as to the proposed content and timetable for the revised Directive. The Commissioner's latest speech does not go a great deal further on the specifics, but here is the key extract (with points of particular interest highlighted):

"On privacy and data protection I have initiated the process leading up to the reform and modernisation … Continue Reading ››