On the 10 February 2021, ambassadors in the Council of the European Union Permanent Representatives Committee (COREPER) announced it had agreed a negotiating mandate on a draft ePrivacy Regulation (“the ePrivacy Regulation”). The ePrivacy Regulation will update existing rules on the protection of privacy and confidentiality in the use of electronic communication services.

How have we got here?

The initial ePrivacy Directive from 2002 was an important legal instrument for privacy and confidentiality of communications, specifically with regard to rules for tracking and monitoring of communications.