ePrivacy Regulation updates

On 12 July 2019 the consolidated text of the forthcoming ePrivacy Regulation was made available. The document was published in light of the 17 July WP TELE (which will focus on articles 12-16 and related recitals) and covers the entire text of the proposed regulation.

Of particular relevance, the definition of direct marketing communications [article 4(3)(f) and recital 32] has been amended to “clarify which services fall within the scope of provisions of article 16”; the title of article 13 was simplified; and all the provisions concerning nuisance and malicious calls were moved to article 14.

Modified article article 4(3)(f) now reads:

“‘direct marketing communications’ means any form of advertising, whether written or oral, sent via a publicly available electronic communications service directly to one or more specific end-users including the placing of voice-to-voice calls, the use of automated calling and communication systems with or without human interaction, electronic message, SMS, etc.;”

and recital 32 reads:

“In this Regulation, direct marketing communications refers to any form of advertising sent by a natural or legal person directly to one or more  specific end-users using publicly available electronic communications services.”

You can read the full text here.

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