Europe will further strengthen the protection of users’ privacy with the new ePrivacy Regulation that will be approved Europe will further strengthen the protection of users’ privacy with the new ePrivacy Regulation that will be approved before the end of the year, which will complement the General Data Protection Regulation (RGPD) and which will replace the Services Law of the Information Society (LSSI).
In the opinion of IAB Spain, the new regulation poses a threat to digital media that will see their revenues decrease and will have an impact on the ability to produce free content, which is preferred by users.
Many online businesses that collected and used data from their users have already suffered the consequences of the European General Data Protection Regulation (RGPD), which entered into force on May 25.
Even the closure was the most viable option for some for fear of sanctions or for not being able to adapt the company. This is the brief statement of Tunngle, a game program with more than 10 million customers that had to close with the implementation of the RGPD on May 25.
“The service was closed due to pending requirements with the new European General Data Protection Regulation. We do not have the resources or the investments necessary to implement the changes required by law. ”
Many American press portals were also affected. “Unfortunately, our website is not currently available in most European countries,” this is the message they left in Los Angeles Time after the RGPD came into force.
Now comes the Regulation ePrivacy
The ePrivacy Regulation, which will be approved before December 31, will complement the RGPD and the main challenges it will introduce are:
1) Article 8: ePrivacy provides that only data can be processed based on the unequivocal consent granted by the interested party, thus eliminating the possibility of legitimate interest provided in the RGPD.
2) Article 10: Until the last version of the text, it is intended that the configuration of privacy is made from the software that, in addition, should be disabled by default.
This means that cookies should be prevented by default except when dealing with the strictly necessary from the technical point of view.
The ePrivacy Regulation will also affect the users’ browsing, since they may be forced to pay for content that until now is free.
How will the ePrivacy Regulation affect your company?
The ePrivacy Regulation implies a clear disadvantage among market agents and will deprive the ability of many companies to interact with the user and show them advertising or interests according to their preferences, as well as the possibility of exercising their rights in front of them. If you want to go deeper into the subject, I recommend this article from the Écija law firm, specialized in Tencologías, Medios y Telecomunicaciones.
And remember that the new law will be approved before December 31 and your online business will have to be adapted. Therefore, it is advisable that you seek information and advice as soon as possible. Know how it will affect you, prepare yourself with time and take action.