Tech and Telecom industries call for review of the e-Privacy Directive

5 July 2016 – in a statement published by GSMA, the tech and telecom industries call for the e-Privacy Directive to be repealed to empower trust and innovation.

This is critical at a time when digital companies are striving to launch new innovative services and working to build a 5G Europe. Simplifying and streamlining regulation will benefit consumers by ensuring they are provided with a simple, consistent and meaningful set of rules designed to protect their personal data. It will also encourage innovation across the digital value chain and drive new growth and social opportunities.

The General Data Protection Regulation (GDPR) creates a comprehensive set of horizontal rules ensuring high levels of data protection, of which Europe should take stock.

“We believe that the review process of the e-Privacy Directive offers a unique opportunity to achieve a simple, clear and horizontal approach to digital regulation. Sector-specific rules on privacy are no longer able to address the challenges of the digital age”, the statement reads.

The review of the e-Privacy directive should:

• Carefully evaluate the extent to which the e-Privacy Directive is still necessary and meaningful.
• Eliminate any provisions overlapping with the GDPR.
• If still considered necessary, transfer non-privacy related consumer protection provisions, to more appropriate legal instruments; the on-going review of consumer protection rules, and more specifically of the Telecoms Framework, provides opportunities for streamlining legislation.
• Align the relative timing of the e-Privacy and Telecoms Framework reviews;
• Make sure that the review of the e-Privacy Directive is fully aligned with the GDPR.

This approach would also be in line with the Digital Single Market Strategy and would help achieve further concrete steps in the context of the Commission’s REFIT programme. It is also thought that these steps would maximise the consistency of the rules, increase clarity for consumers and help Europe unlock new innovation opportunities across the digital value chain.