Directive on Privacy and Electronic Communications

Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications, otherwise known as ePrivacy Directive (ePD), is an EU directive on data protection and privacy in the digital age. It presents a continuation of earlier efforts, most directly the Data Protection Directive. It deals with the regulation of a number of important issues such as confidentiality of information, treatment of traffic data, spam and cookies. This Directive has been amended by Directive 2009/136, which introduces several changes, especially in what concerns cookies, that are now subject to prior consent. The ePrivacy Regulation (ePR) is estimated to come in effect somewhere in 2019 and will repeal the ePrivacy Directive 2002/58/EC and accompany the General Data Protection Regulation (GDPR) and regulate the requirements for consent to the use of cookies and opt-out options. The Electronic Privacy Directive has been drafted specifically to address the requirements of new digital technologies and ease the advance of electronic communications services. The Directive complements the Data Protection Directive and applies to all matters which are not specifically covered by that Directive. In particular, the subject of the Directive is the 'right to privacy in the electronic communication sector' and free movement of data, communication equipment and services. The Directive does not apply to Titles V and VI (Second and Third Pillars constituting the European Union). Likewise, it does not apply to issues concerning public security and defence, state security and criminal law. The interception of data was however covered by the EU Data Retention Directive, prior to its annulment by the Court of Justice of the European Union.