GDPR and ePrivacy

 

In recent years, the EU has tightened and refreshed its data regulations to keep up with the constant change of the online world.  In the EU, data privacy is covered by the General Data Protection Regulation and the ePrivacy Regulation, both regulations are aligned so that they cover both personal and businesses.

ePrivacy Regulation

The European Union ePrivacy regulation was published to enhance the current ePrivacy Directive and align with various online privacy rules that exist in EU member states. The ePrivacy regulation takes on board the definitions of privacy and data that were introduced within the General Data Protection Regulations. ePrivacy clarifies and enhances in areas of unsolicited marketing, cookies and confidentiality.

Unsolicited Marketing

The regulation now includes any type of communications including emails and text messages. The customer will need to consent before it can be used. Marketers will not be able to send emails or texts without prior permission from each email or mobile account holder.

Cookies

Cookies racked with software and user’s browsers within settings so that user can change according to their needs. This will get rid of banner pop-ups that request consent for use of cookies on individual websites. This changes the previous regulation, which made each website to request the ability to use cookies from each user.

Confidentiality

The new ePrivacy regulation adds to the existing ePrivacy directive with the aim to broaden traditional telecommunications to include online communication providers like Gmail, Skype, Facebook Messenger and Whatsapp.  The regulation now requires all electronic communication services to secure all communications through the best available techniques. In order to do that, all electronic providers need to stay technologically in sync with the best features available on the market. Access or interception of any communication is prohibited unless authorized by an EU member of state under the law (criminal investigation).

General Data Protection Regulation (GDPR)

GDPR was created to align with data privacy laws across all EU countries. GDPR came into effect to replace the Data Protection Directive 95/46/EC. The big update within the regulation is the processing of any EU citizens’ information, which is now protected regardless of whether the information processing is done within the EU or not and regardless of where the retailer originates from. Retailers around the globe that sell to EU citizens are bound by law to protect their private data.

GDPR has expanded to include all data that comes from the result of communications.  The regulation also strengthens from areas of consent to how user’s personal data can be used or be shared. GDPR also enables users to access their personal data stored by businesses or stored on websites. Businesses and websites are required to maintain the information stored and make it available to the user if requested.

Differences

GDPR was created to protecting personal data while ePrivacy focuses on a person’s personal life. ePrivacy ensures that user’s privacy is protected at every stage of every online interest. ePrivacy complements GDPR as both regulations work together to ensure that internet users have control over their data and how their data is stored and maintained in a safe and confidential way.  

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