ePrivacy Regulation: Do you know what it is and what its impact is on your business?

The new ePrivacy Regulation proposal has been approved! The ePrivacy regulation is a set of rules relating to electronic communications, confidentiality, data protection, etc., for all citizens and companies in the European Union.

The ePrivacy regulation appears in harmony with the GDPR – General Data Protection Regulation. Its objective is to regulate everything that occurs before personal data is captured, during your online browsing.

There is still no regulation as such, but we know that the fundamental idea of ​​ePrivacy is to control everything that goes beyond data collection. For example: combating cybercrime; the use of cookies; etc.. It is not yet known when the regulation will come into force, but there are already some guidelines that you can adopt. We will see?!

How will ePrivacy affect your online behavior?

The idea of ​​ePrivacy, basically, is to manage the information captured during your online browsing.In the same way that, with the GDPR, there were much stricter criteria related to consent to the processing of your data, ePrivacy ends up regulating this process even more. This has direct consequences for marketing and advertising. In short, you will have more control over the data you share online, and how it will be used. Which will allow you to browse more safely.

How do ePrivacy and GDPR differ?

Simple! The GDPR is considered from the moment a website is interacting with you and your data. ePrivacy, in turn, relates to your interaction with the website before data is collected. It was this interaction that was not yet properly regulated.

What will be the impact of the ePrivacy regulation on my online business?

Without a doubt, eCommerce will be the most impacted by ePrivacy. To minimize the impact when the regulation is officially approved, you can start adapting your business to the rules that will come into force.

Firstly, we advise you to analyze everything presented in the ePrivacy Regulation proposal. Then, start making your data collection and cookie policies clearer (here, we also suggest that you contact a lawyer specializing in this matter, to help you review or draft your policies). This way, you will be able to see what direct impact the measures will have on your business. This is one of the ways to minimize this impact, by applying the necessary legal measures.

Don’t forget these 2 key points in the ePrivacy Regulation proposal?

We immediately highlight two points that are common between ePrivacy and the GDPR and that will certainly be of interest to you:

  • Cookies: As was the case before, users of your website must expressly accept the installation of cookies. There are, however, cases in which cookies can be installed without your users’ consent, for example, if they are expressly necessary for the website to function.
  • Marketing communications: Also on this topic, the obligation for user consent to send communications remains mandatory.

In addition to these two points, there is something new. It is now possible for Member States to define, in law, a period of time counting from the date of provision of a service or sale, during which marketing communications may exist for your users, without their express consent.

We hope you have become clearer about the ePrivacy Regulation and you know, if you need any help… send us a message. Don’t forget to follow our Social Networks: Facebook; YouTube; Instagram; LinkedIn.

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