This article was first published on Lexis®PSL TMT on 17 December 2018. Click for a free trial of Lexis®PSL

TMT analysis: As many issues regarding the draft ePrivacy Regulation (the draft Regulation) still remain unsolved, it is unlikely to apply for at least three years. However, the industry has urged Member States not to rush into trialogues. Dr Andreas Splittgerber (CIPP/E certified), partner, Dr Thomas Fischl, partner, and Sven Schonhofen, associate, all of Reed Smith LLP Munich, Germany, explain the current position.

Data protection keyboard

At what stage in the process is the draft Regulation at the moment?

Even though the original plan was that the draft Regulation should have entered into force in tandem with the General Data Protection Regulation 2016/679 (the GDPR) on 25 May 2018, it is still going through the negotiation progress. The European Commission adopted its proposal on 10 January 2017 and the European Parliament voted on its draft resolution in October 2017. The Council of the EU is still in negotiations for its approach—with no end in sight at the moment.