EU Council Presidency releases revised draft ePrivacy Regulation


On 4 November 2020, the EU Council Presidency published its revised version of the proposal for an ePrivacy Regulation.

This version highlights that the amendments introduced represent changes as compared to the compromise proposal issued by the Croatian Presidency in March 2020.

At a glance, the main amendments concern the following:

  • Articles 6(1)(d) and 7(4) of the previous proposal have been deleted in view of the CJEU ruling in cases C-511/18, C-512-18, C-520/18;
  • Article 8(1)(c) of the previous proposal has been amended with a more strict wording to define clearly the conditions when the use of terminal equipment is necessary for providing a service specifically requested by the end-user.

This version of the proposal will be further discussed on 11 November 2020, in the Working Party on Telecommunications and Information Society’s meeting.

The revised draft of the ePrivacy Regulation is available here.