EFA-logoEFA-logoEFA-logoEFA-logo
  • About us
    • Our board
    • What we do
    • How we work
    • Ethics
    • Our history
    • Privacy Policy
  • Membership
    • Member benefits
    • EFA members
    • EFA associates
    • Join EFA
  • EFA Certification
    • Certification news
    • Why EFA Certification?
    • Standard Competence Framework handbook
    • Advanced Competence Framework handbook
    • EFA qualifications
    • Applying for EFA Certification
    • Certification committee
  • Public Affairs
    • Public Affairs news
  • News
    • Fundraising Europe
    • Latest news
    • Latest features
    • EFA news
    • European Fundraising Podcast
    • Contributor guidelines
    • Advertise with EFA
  • Events
    • Events Calendar
    • 2022 Nonprofit Pulse survey webinar
    • EFA Skillshare and AGA, Prague, 21-22 September 2023
  • Resources
  • About us
    • Our board
    • What we do
    • How we work
    • Ethics
    • Our history
    • Privacy Policy
  • Membership
    • Member benefits
    • EFA members
    • EFA associates
    • Join EFA
  • EFA Certification
    • Certification news
    • Why EFA Certification?
    • Standard Competence Framework handbook
    • Advanced Competence Framework handbook
    • EFA qualifications
    • Applying for EFA Certification
    • Certification committee
  • Public Affairs
    • Public Affairs news
  • News
    • Fundraising Europe
    • Latest news
    • Latest features
    • EFA news
    • European Fundraising Podcast
    • Contributor guidelines
    • Advertise with EFA
  • Events
    • Events Calendar
    • 2022 Nonprofit Pulse survey webinar
    • EFA Skillshare and AGA, Prague, 21-22 September 2023
  • Resources
✕
AEF report on foundations
Spanish foundation sector’s development & impact revealed in new report
February 10, 2021
Globe image
Vibrancy of diverse European civil society unveiled in new report
February 22, 2021

EU agrees position on ePrivacy rules

February 19, 2021
Categories
  • Europe
  • News
Tags
  • Data protection
  • Digital
  • ePrivacy
  • policy
data security

On 10 February 2021, EU member states agreed on a negotiating mandate for new rules on the protection of privacy and confidentiality in the use of electronic communications services. These updated ePrivacy rules will define cases in which service providers are allowed to process electronic communications data or have access to data stored on end-users’ devices. This agreement allows the Portuguese presidency to start talks with the European Parliament on the final text.

Pedro Nuno Santos, Portuguese Minister for Infrastructure and Housing, President of the Council, says:

“Robust privacy rules are vital for creating and maintaining trust in a digital world. The path to the Council position has not been easy, but we now have a mandate that strikes a good balance between solid protection of the private life of individuals and fostering the development of new technologies and innovation. The Portuguese presidency is very pleased to launch talks now with the European Parliament on this key proposal.”

An update to the existing ePrivacy directive of 2002 is needed to cater for new technological and market developments, such as the current widespread use of Voice over IP, web-based email and messaging services, and the emergence of new techniques for tracking users’ online behaviour.

The draft ePrivacy regulation will replace the existing ePrivacy directive.

A summary of the Council mandate is set out below. You can read more about the background to this in our View from Brussels column and about the EU’s shift towards a digital Europe.

Council mandate

Under the Council mandate, the regulation will cover electronic communications content transmitted using publicly available services and networks, and metadata related to the communication. Metadata includes, for example, information on location and the time and recipient of communication. It is considered potentially as sensitive as the content.

To ensure full protection of privacy rights and to promote a trusted and secure Internet of Things, the rules will also cover machine-to-machine data transmitted via a public network.

The rules will apply when end-users are in the EU. This also covers cases where the processing takes place outside the EU or the service provider is established or located outside the EU.

As a main rule, electronic communications data will be confidential. Any interference, including listening to, monitoring and processing of data by anyone other than the end-user will be prohibited, except when permitted by the ePrivacy regulation.

Permitted processing of electronic communications data without the consent of the user includes, for example, ensuring the integrity of communications services, checking for the presence of malware or viruses, or cases where the service provider is bound by EU or member states’ law for the prosecution of criminal offences or prevention of threats to public security.

Metadata may be processed for instance for billing, or for detecting or stopping fraudulent use. With the user’s consent, service providers could, for example, use metadata to display traffic movements to help public authorities and transport operators to develop new infrastructure where it is most needed. Metadata may also be processed to protect users’ vital interests, including for monitoring epidemics and their spread or in humanitarian emergencies, in particular natural and man-made disasters.

In certain cases, providers of electronic communications networks and services may process metadata for a purpose other than that for which it was collected, even when this is not based on the user’s consent or certain provisions on legislative measures under EU or member state law. This  processing for another purpose must be compatible with the initial purpose, and strong specific safeguards apply to it.

As the user’s terminal equipment, including both hardware and software, may store highly personal information, such as photos and contact lists, the use of processing and storage capabilities and the collection of information from the device will only be allowed with the user’s consent or for other specific transparent purposes laid down in the regulation.

The end-user should have a genuine choice on whether to accept cookies or similar identifiers. Making access to a website dependent on consent to the use of cookies for additional purposes as an alternative to a paywall will be allowed if the user is able to choose between that offer and an equivalent offer by the same provider that does not involve consenting to cookies.

To avoid cookie consent fatigue, an end-user will be able to give consent to the use of certain types of cookies by whitelisting one or several providers in their browser settings. Software providers will be encouraged to make it easy for users to set up and amend whitelists on their browsers and withdraw consent at any moment.

The text also includes rules on line identification, public directories, and unsolicited and direct marketing.

The Council and the European Parliament will need to negotiate the terms of the final text, and the regulation would enter into force 20 days after its publication in the EU Official Journal, and would apply two years later. 

 

Share

Related posts

An EU flag flies against a blue sky. By Pixels2013 on Pixabay
September 8, 2023

EU Commission adopts proposal on nonprofit cross-border activities


Read more
Swedish krona notes. By ChristophMeinersmann on Pixabay
September 6, 2023

Giving remains stable in Sweden for now despite signs of decline


Read more
Part of Europe on a globe. By Suzy Hazelwood on Pexels
August 24, 2023

$70bn in cross-border philanthropic giving took place in 2020, global tracker shows


Read more

Most popular posts

Search news by country or category

Search news by date

Popular topics

  • Research
  • Individual giving
  • Legacies
  • Coronavirus
  • Digital
  • Professional development
  • Events
  • Philanthropic trends
  • Collaboration
  • Tax incentives

Registered Office

James Wattstraat 100
NL-1097 DM Amsterdam
Netherlands

EFA is registered at the Netherlands Chamber of Commerce
Reg. No. 34212817

Contact

Executive Officer, Denise Dawes
denise.dawes@efa-net.eu

Media enquiries:
news@efa-net.eu

Follow us

Twitter
Facebook
LinkedIn

Search

✕
© 2021 EFA | European Fundraising Association. All Rights Reserved. Privacy Policy
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies. Read More
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT