Differences between General Data Protection Regulation (GDPR) and E-Privacy Regulation

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Each regulation was drawn up to reflect different segments of EU law. The GDPR was created to enshrine Article 8 of the European Charter of Human Rights in terms of protecting personal data, while the E-Privacy regulation was created to enshrine Article 7 of the Charter in respect to a person’s private life. The private sphere of the end user is covered under the E-Privacy regulation, making it a requirement for a user’s privacy to be protected at every stage of every online interaction. It is important to remember that the E-Privacy regulation was created to complement and particularize the GDPR, so the rules of the GDPR are always relevant and an overall part of the legislative aspects of the E-Privacy. The E-Privacy directive takes the broad online retail sector into account in terms of how personal information might be used and in this sense is what it adds to the overall regulations that make up the GDRP. (Source www.privacy-trust.com)

GDPR was created to align the data privacy laws across all EU countries. It replaces the Data Protection Directive 95/46/EC. The processing of any EU citizens’ personal data is now protected by GDPR, regardless of whether the personal data is processed inside or outside the EU and regardless of where the Data Subject comes from. Every person globally who sells to an EU citizen is bound by law to protect the personal data of their customers.

The new E-Privacy Regulation on Privacy & Electronic Communications is a proposal from the EU Commission designed to help protect EU citizens’ private lives. The topics addressed in the new E-Privacy Regulation deal with cookies, confidentiality as well as a marketing opt-in requirements i.e. unsolicited marketing.

The new E-Privacy Regulation is still in draft format and is not yet finalised. When it is launched it will replace the existing E-Privacy Directive, and more importantly will align with the General Data Protection Regulation. The New E-Privacy Regulations will include all communications mediums i.e. e-mails and text messages, which will need to be consented to before use. Marketing personnel and professionals will not be able to send e-mails or text a message without permission from each account holders.

Cookies will be tracked within the software and the user’s browser within settings that each user can change according to their needs. It is envisaged that this will eliminate banner pop ups that request consent on websites, unlike the previous regulation that made website requests use cookies from each.

Platforms like Gmail, Skype, Facebook and WhatsApp are now required to provide the same level of personal data safety as other providers. Providers of electronic communication services are required to ‘keep safe’ all communications through the best available methods. Therefore, websites need to stay technologically and technically up-to-date with the best personal data safety methods available on the market. Metadata will be treated the same as the actual content of the communication that it is facilitating. It stops the interception of any such communication except where authorized by the EU under law i.e. a criminal investigation.

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