Proposal for ePrivacy Regulation

Joint industry letter on the future of the ePrivacy Regulation

Un groupe de 57 associations numériques européennes (ecommerce, plateformes, publicité, etc.) the European Automobile ManufacturersAssociation (ACEA) a envoyé une lettre aux Ministres en amont du Conseil Telecom du 8 juin qui abordera le règlement ePrivacy. Ces associations estiment que cette proposition était une intention louable de protéger la confidentialité des communications mais quelle finit par limiter les traitements dun grand nombre de données personnelles et non personnelles. Elles demandent aux Ministres de ne pas précipiter ladoption dune position commune et les négociations en trilogues avec le Parlement avant davoir un texte équilibré et robuste


« Ahead of the 8 June TTE Council, we urge Member States to remain cautious in their examination of the draft e Privacy Regulation (ePR). Limited progress has been achieved since the beginning of Council discussions early last year and many questions remain open. More time is needed to assess the ePRs scope of application, its overlaps with the General Data Protection Regulation (GDPR) and its impact on all sectors of the economy

The ePR proposal has departed from the laudable objective of protecting the confidentiality of communications and goes on instead to greatly limit the processing of a broad array of both personal and nonpersonal data. Rather than complementing the GDPR, the proposal replaces and contradicts many of the fundamental checks and balances of the EUs data protection framework

For example, legal grounds for processing and consent requirements differ between the two instruments. The processing of electronic communications and terminal equipment data is not allowed under the same conditions as personal data under the GDPR. As a result, the same types of data are treated differently and nonsensitive data such as nonpersonal data, which is not covered by the GDPR as it doesnt relate to individuals is subject to unreasonable rules

The considerable negative impact of an inflexible e PR will extend to all sectors of the EU digital economy from digital media to connected cars, medical technology and smart manufacturing which will be exposed to additional burden at best or, at worst, unable to continue offering and innovating their products and services using data

The GDPR, which has only now come into full application, provides for comprehensive rules that industry, authorities and Member States are all working hard to implement. The GDPR was heavily inspired by discussions on the current e Privacy Directive prior to 2009 and, subsequently, by its text; as such, it provides for the highest level of data protection, and departure from its provisions should not be tackled carelessly

While we support the need to protect the confidentiality of communications, we believe that more reflection is needed on the ePR proposal to ensure a coherent data protection legal framework for the EU. Consistency between the ePR and the GDPR will secure a high level of privacy protection and legal clarity for businesses with regards to data processing and enforcement

We call on Ministers to clearly signal during the 8 June meeting that Member State discussions on the ePR should not be rushed and trialogue negotiations should not commence until a robust, balanced and comprehensive General Approach is obtained. We stand ready to support the Council in its efforts to produce a more coherent outcome for the final Regulation. »