Today's blog post provides you with an up-to-date overview of the status of the ePrivacy Regulation (ePR) 2022

According to the original plan, the ePrivacy Regulation, ePVO, was to be introduced on May 25, 2018, together with the General Data Protection Regulation, or GDPR. However, within the individual states of the European Union, there are different positions on this, delaying the entry into force of ePrivacy. Despite the German Telecommunications-Telemedia Data Protection Act (TTDSG) in effect since December 2021, companies face legal uncertainty in the practical implementation of data protection in e-commerce and online offerings. For this reason, our online marketing agency today addresses important questions around ePrivacy and supports you in implementing your online marketing, including cookie tracking, in compliance with data protection regulations.

What is e-privacy all about?

Companies try to collect and use personal information for advertising purposes via cookie tracking on the internet or via mobile apps. There are a number of rules for this.

In German, e-privacy stands for the protection of digital privacy and is intended to enable users to protect their personal data on the Internet.

The GDPR and the ePrivacy Regulation are intended to guarantee European users the greatest possible control over their data and the associated disclosure to third parties

What is the ePrivacy Regulation (ePrivacy Regulation)?

The ePVO serves as a replacement for the European Union's Data Protection Directive for Electronic Communications (Directive 2002/58/EC), which was valid until then.

As an extension of the General Data Protection Regulation, it is intended to legally regulate electronic exchange and define under what conditions and on what basis companies may collect personal user data and use it for other purposes.

What is the idea behind the ePVO?

The European Commission underlines the idea of the ePrivacy Regulation to protect personal data in electronic communication via a wide variety of end devices such as PCs or smartphones. It points out that the general rules of the General Data Protection Regulation apply if no separate regulations are specified in the ePrivacy Regulation. The aim of ePrivacy is not to override the GDPR. Rather, it is intended as a supplement.

Why are ideas and practical implementation so far apart?

The need for discussion on data protection between the individual European countries, including cookie tracking, has existed for years and affects online stores, blogs, portals or web services and even websites. In practice, there is hardly a company that is not active as an operator of electronic information and communication services and is therefore affected by the regulations.

What many entrepreneurs do not realize is that the Telecommunications-Telemedia Data Protection Act (TTDSG) is a German law, whereas the ePrivacy Regulation is subject to European rules. However, both set different requirements, leading to significant uncertainties for advertisers and users.

The Telecommunications and Telemedia Data Protection Act stipulates that cookies require consent and urges advertisers to review and, if necessary, adjust the usage and processing operations of their websites and shops.

In this context, however, it remains to be seen whether an ePrivacy Regulation is actually needed or whether all the foundations are already in place with the consistent application of the TTDSG.

The European Data Protection Board has appointed a task force on cookie banners to support the exchange and coordination between supervisory authorities in the European member states. The ultimate goal is to standardize the rules and application of cookie tracking.

The German TTDSG provides a good basis for this, but the measure of all things will be an EU regulation at some point. The decision lies at European level; whether and when it will be binding remains to be seen.

Conclusion: How companies can implement their online marketing in compliance with data protection regulations!

It remains to be seen when the ePrivacy Regulation will take effect. Companies should take the provisions of the Telecommunications and Telemedia Data Protection Act seriously and consciously adapt their e-commerce and online offerings accordingly. This not only creates legal certainty, but also trust and transparency among customers, who appreciate the sensitive handling of their personal data.

Our online marketing agency is available to support you with analysis and strategy. We are happy to advise you on data protection-compliant design and also assist you with practical implementation. You can contact us here.