Council of the European Union agrees on negotiating position for revised ePrivacy rules


On 10 February 2021, the Council of the European Union (“Council”) announced that its Member States had agreed on a negotiating mandate for the revised rules on the protection of privacy and confidentiality in the use of electronic communications services.

The Council pointed out that based on this agreement, the Portuguese presidency will commence negotiations with the European Parliament on the final text of the Regulation concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”).

Once adopted, the ePrivacy Regulation will repeal the existing ePrivacy directive and, as lex specialis, will particularize and complement the GDPR.

The future ePrivacy Regulation would enter into force 20 days after its publication in the EU Official Journal and would start to apply two years later.

The press release is available here and the agreed text of the ePrivacy Regulation here.