The European Commission proposed a long expected digital, data economy and privacy package in order to make the most of its data potential and to introduce a pan-European approach to address baseless restrictions to the free data flow within the European Union:

• A proposal for new Regulation concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications / ePrivacy Regulation);

• A communication on “Exchanging and Protecting Personal Data in a Globalised World”;

• A proposal for a Data Protection Regulation applicable to the EU institutions, as part of its Digital Single Market strategy.

The updated legislation shall ensure stronger ePrivacy rules in electronic communications and shall unleash the European Digital Single market.

The proposed ePrivacy Regulation aims to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players. The new Regulation shall repeal Directive 2002/58/EC and has the ambition to harmonise the privacy framework within the EU and to align the electronic communications rules with the new standards set in the EU's General Data Protection Regulation ((EU) 2016/679. Compared to the existing Directive 2002/58/EC, the draft ePrivacy Regulation has more extensive territorial coverage and introduces improved rules on end users’ terminal equipment and how data is collected.

The milestones of the proposed new ePrivacy Regulation are:

• Guaranteed confidentiality of all electronic communications;

• Guaranteed confidentiality of users' online behaviour and devices;

• Processing of communications content and metadata, as well as spam and marketing communications shall be conditioned to prior consent;

• Users shall enjoy full transparency by making an informed choice when setting up their browser or changing their cookies settings;

• The new rules shall apply and for the new electronic communications services such as WhatsApp, Facebook Messenger, Skype, Gmail, iMessage and Viber.

The proposed Privacy Regulation does not regulate encryption, data retention and the use of ad blockers.

It is expected that the new ePrivacy Regulation shall become applicable on 25 May 2018, simultaneously with the General Data Protection Regulation.