E-privacy Regulation: Council reaches mandate to start negotiations with the European Parliament

On 10 February 2021, Member States agreed on a negotiating mandate for the revised ‘e-Privacy‘ Directive. The rules define cases in which service providers are allowed to process electronic communications data or have access to data stored on end-user devices. HOTREC supports the Council’s mandate.

One of the main outcomes of the negotiation, and fully in line with HOTREC’s demands, is that direct communication is possible with former clients (Article 16/2).

As the user’s terminal equipment, including both hardware and software, may store personal information, such as photos and contact lists, the use of processing and storage capabilities and the collection of information from the device will only be allowed with the user’s consent or for other specific transparent purposes laid down in the regulation.

In addition, the end-user should have a choice on whether to accept cookies or similar identifiers. Making access to a website dependent on consent to the use of cookies for additional purposes as an alternative to a paywall will be allowed if the user is able to choose between that offer and an equivalent offer by the same provider that does not involve consenting to cookies.

To avoid cookie consent fatigue, an end-user will be able to give consent to the use of certain types of cookies by whitelisting one or several providers in their browser settings.

The European Parliament and the Council will now start trialogue negotiations.