Joint industry letter on the future of the ePrivacy Regulation Brussels


Brussels, 31 May 2018


Ahead of the 8 June TTE Council, we urge Member States to remain cautious in their examination of the draft
ePrivacy 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 ePR’s 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 non-personal data.
Rather than complementing the GDPR, the proposal replaces and contradicts many of the fundamental checks
and balances of the EU’s 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 non-sensitive
data – such as non-personal data, which is not covered by the GDPR as it doesn’t relate to individuals – is subject
to unreasonable rules.
The considerable negative impact of an inflexible ePR 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 ePrivacy 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.


The following associations have signed this letter:

§ ACEA – European Automobile Manufacturers’ Association
§ Acsel – Le Hub de la transformation digitale
§ Adigital – Asociación Española de la Economía Digital
§ AER – Association of European Radios
§ AFNUM – Alliance Française des Industries du Numérique
§ ANISP – Asociatia Nationala a Providerilor de Internet din Romania
§ APDSI – Associação para a Promoção e Desenvolvimento da Sociedade da Informação
§ APPLiA – Home Appliance Europe
§ ASIC – Association des Services Internet Communautaires
§ BusinessEurope
§ BSA | The Software Alliance
§ BVDW – Bundesverband Digitale Wirtschaft
§ CCIA – Computer and Communications Industry Association
§ CLEPA – European Association of Automotive Suppliers
§ COCIR – European Coordination Committee of the Radiological, Electromedical and Healthcare IT Industry
§ Confederation of Industry of the Czech Republic
§ Dansk Erhverv – Danish Chamber of Commerce
§ Dansk Industri – Confederation of Danish Industry
§ Developers Alliance
§ DINL – Stichting Digitale Infrastructuur Nederland
§ EACB – European Association of Co-operative Banks
§ EBF – European Banking Federation
§ eco – Association of the Internet Industry
§ Ecommerce Europe
§ ECTA – European Competitive Telecommunications Association
§ EGBA – European Gaming and Betting Association
§ EMMA – European Magazine Media Association
§ EMOTA – European eCommerce and Omni-Channel Trade Association
§ ENPA – European Newspaper Publishers’ Association
§ EPC – European Publishers Council
§ EuroCommerce
§ EuroISPA
§ European Tech Alliance
§ FEDMA – Federation of European Direct and Interactive Marketing
§ GESTE – Les éditeurs de contenus et services en ligne
§ IAB Europe
§ ISFE – Interactive Software Federation of Europe
§ ISPA – Internet Service Providers Austria
§ ITI – Information Technology Industry Council
§ IT&Telekomföretagen – Swedish IT and Telecom Industries
§ JBCE – Japan Business Council in Europe
§ Latvijas Interneta Asociācija
§ Nederland ICT
§ News Media Europe
§ SAPIE – Slovak Alliance for Innovation Economy
§ SEPE – Federation of Hellenic Information Technology & Communications Enterprises
§ Syntec Numérique
§ TECH IN France
§ Technology Industries of Finland
§ Technology Ireland
§ techUK
§ ZIPSEE – Digital Poland
§ ZPP – Polish Union of Entrepreneurs and Employers


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