1. Why this new regulation, if there is going to be a new GDPR?
The new e-Privacy Regulation aims to update the previous regulation, which is Directive 2002/58/EC and is already more than fifteen years old, an eternity in this sector. But it is also aimed precisely at adapting e-Privacy to the new rules on personal data protection, and that is why Brussels is trying to have both regulations come into force at bulk sms india the same time . They are different but closely related rules. The main difference is that the e-Privacy Regulation regulates all electronic communications, even if they do not have implications for personal data.
Among its effects, the main one is a much stricter regulation of consent to receive advertising. This consent responds to the same logic as that provided for other issues in the other regulation, the data protection regulation, so it is worth remembering that it is “a free, specific, informed and unequivocal manifestation of the interested party”, which the latter must also expressly declare or accept as part of an affirmative and direct act.
2. Will there be exceptions to these consent requirements?
There are some exceptions to the need for an “affirmative action” by the data subject, but they are not relevant to online advertising. For example, such a direct action by the data subject will not be required when the data subject has requested a service whose provision requires the collection of data and the application of technologies such as cookies . An obvious case is web analytics services or participation in a social network. By their very nature, requesting these services includes accepting the corresponding data processing, since it is essential for their provision. The European Commission establishes these and other exceptions, considering the level of intrusion into the citizen's privacy to be low.
