Remember the Proposal for an ePrivacy Regulation we told you about a few weeks ago? The one that was still under discussion and could eventually intensify the GDPR’s privacy requirements? Here’s a quick recap:
“(…) This means you decide whether or not a company can collect data about you even before you open their website, and while that ensures the end-user won’t be hassled by some companies, it also means he won’t be reached by those he would like to hear from.”
So, a few days ago, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) finally voted the regulation and decided in favor of it.
This deliberation underlines the Parliament’s belief in the need for user consent for data collection. It also stresses the importance of the privacy by default clause we discussed a few weeks ago.
A difficult balance
Both sides of the barricade were quick to react. IAB Europe disapproved a decision they believe will harm the creation of content. In their latest newsletter, Townsend Feehan (IAB Europe’s CEO) states the following
“Data is the mechanism by which ads are delivered to users, the evidence that users see advertising, and how advertisers pay for it. Data-driven advertising isn’t an optional extra; it is online advertising (…) Forcing businesses to grant access to ad-funded content or services even when users reject the proposed advertising value exchange, basically deprives ad-funded businesses of their fundamental rights to their own property. They would be forced to give something in return for nothing.”
Feehan’s concerned tone diverges from that of Joe McNamee, the Executive Director of EDRi, a civil rights organization, who clearly welcomed the European Parliament’s decision
“We welcome this approach, as it will not just protect citizens, but promote competition and innovation as well.”
Next Steps for the ePrivacy Regulation
The next step is to take the legislation to the European Council. This is where the heads of government of the member states approve legislation, which then makes it binding. Negotiation and debates will happen before any decision is made, so making the ePrivacy Regulation happen by May 25th 2018 along with the GDPR seems more and more unlikely.
Since you came this far, make sure to get to know a little more about the ePrivacy Regulation and its big brother, the GDPR, by downloading our Handbook for Concerned Marketing teams and our GDPR Compliance Checklist.