Cookie consent walls crumble: ICO publishes guidance on cookie consent

Following its recent admission that its own cookie consent mechanism was non-compliant (see previous blog post here), the UK privacy regulator (the ICO) updated its cookie notice last week (see our previous blog post here) and has now published guidance on cookies and similar technologies. Key messages are: No implied consent for non-essential cookies allowed, … Read more

EDPB publishes opinion on the interplay between GDPR and ePrivacy

The European Data Protection Board (the “EDPB“) has published its opinion on the interplay between the GDPR and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (the “ePrivacy Directive“). The opinion confirms that … Read more

Data Protection Predictions 2019

2018 was a landmark year for data protection and privacy; the EU General Data Protection Regulation (“GDPR“) came into effect on 25 May 2018 and implemented a comprehensive reform of the EU data protection regime. So what could 2019 possibly have in store for data protection and privacy? This article sets out some predictions for further data protection developments in … Read more

Council of the EU publishes Progress Report on draft EU ePrivacy Regulation

Last month the Council of the European Union published its progress report on the first draft of the ePrivacy Regulation (the “Draft Regulation”). The Draft Regulation was issued by the EC in January of this year and focuses on the processing of personal data and protection of privacy in electronic communications.  Read more

Liberty granted rights to challenge the Snoopers’ Charter

The Investigatory Powers Act 2016 (the “Act“) received Royal Assent on 29 November 2016. Dubbed the “Snoopers’ Charter” it has been heavily criticised by various commentators, including the advocacy group Liberty. The main source of criticism has been around the requirements for bulk retention of data (such as communications data and internet connection records) and … Read more

EU Council publishes Progress Report on draft EU ePrivacy Regulation

On 15 May 2017, the Council of the European Union published its progress report (the “Report“) on the first draft of the ePrivacy Regulation (the “Draft Regulation“). The Draft Regulation focuses on the processing of personal data and protection of privacy in electronic communications. Among other areas, it covers direct marketing, cookies and other forms … Read more

E-privacy refresh for today’s electronic communications services: Good intentions but does the proposed regulation strike the right balance?

It is fair to say the European data protection and privacy framework is currently undergoing a full overhaul. The European General Data Protection Regulation (“GDPR“) and the current proposed reforms to the e-privacy regime have been firmly in the spotlight – with both initiatives supporting the European Commission’s Digital Single Market Strategy for “reinforcing trust … Read more