ePrivacyRegulation

• 16 January 2017 (5358/17)
  Comission sends proposal to council
• 6 March 2017 (6967/17)
  Council send note to decide on the consultation of another institution/body
• 15 May 2017 (9131/17)
  Council's progress report: (5) Rapporteur at parliament appointed, waiting for opinion of multiple committees (7.) the Working Party on Telecommunications (WP TELE) examination of Article 1-8 since 8. Feb 2017 (8) request for more analysis (9) planned release date unrealistic (10) Concerns about scope, confidentiality of electronic communication, more exceptions for Art. 8 requested (11) objective to finalize first examination until end of June 2017
• 19 May 2017 (9324/17)
  Council's progress report: (6) EDPS provided opinion with multiple concerns
• 3 July 2017 (10866/17)
  Council's Presidency note: First examination finished, WP TELE devoted by new presidency to address open topics. Next focus is to provide clarity about the relation to the GDPR relation and Cookies.
• 8 September 2017 (11995/17)
  Council's 1st revised version: Article 9 renamed to Article 4a; Added consent exception for terminal access (Article 8 2.(b)); Article 17 deleted
• 6 October 2017 (12955/17)
  Council's 2nd revised version (of Art. 1-5): Link to GDPR clarified; Clarify how ePR addresses legal persons; Confidentiality for machine-to-machine communication added (Article 5 2)
• 16 October 2017 (13217/17)
  Council's 2nd revised version (of Art. 12-20): Art. 13(3) added (emergency services); Marketing calls must be blockable; More tasks for the European Data Protection Board listed
• 8 November 2017 (14062/17)
  Council's progress report: Link to GDPR clarified; Consent of legal persons (more work needed); Why machine-to-machine communication was added; Listing in public directories clarified but question raised to exclude it since it is covered in GDPR; Blocking of direct marketing calls adapted but still contains feasibility concerns; Discussions needed about Article 6; Discussions needed about Article 8, a balance between privacy and business models needs to be found; Many questions and doubts about Article 10; Meeting between DAPIX - FoP/ WP TELE still needs to be analyzed and further discussed; Still many things to do;
• 17 November 2017 (14374/17)
  Council's progress report: Small textual updates to previous report
• 05 December 2017 (15333/17)
  Council's 3rd revised version: Mainly Anex changes; Article 6(3aa) added processing of message content for specific requested services (e.g. live translation) also for 3rd parties (4.)
• 11 Januar 2018 (5165/18)
  Council's - Examination of the Presidency discussion paper: Questioning machine-to-machine communication topics; Should legitimite interest be added to Article 6? Questioning to clarify Article 8. Should operator be forced to offer their service without consent (cookie walls)?; Questioning Article 10.
• 25 Januar 2018 (5569/18)
  Council's - Examination of the Presidency discussion paper: Request to continue discussion on Article 12 to 16
• 7 February 2018 (5827/18)
  Council's - Examination of the Presidency discussion paper: Discussion about the results of DAPIX/WP TELE group; e.g. link between Article 2 and 11
• 7 March 2018 (6726/18)
  Council's 4th revised version: Removed 3rd party from Article 7 again;
• 22 March 2018 (7207/18)
  Council's 5th revised version: Direct marketing allowed for existing customers (Article 16 (2a))
• 13 April 2018 (7820/18)
  Council's 6th revised version: Only simplifications and clarification improvements
• 4 May 2018 (8537/18)
  Council's 7th revised version: Regulation does not apply to national security and defense; Consent exception removed for communication content (3a); Authorities get the right to impose fines (Article 18 (1aa)); Regulation applicable one year after it is passed (Article 29 (2));
• 18 May 2018 (8917/18)
  Council's Progress report: We did a great job; GDPR relation still needs better wording; Article 6 needs finetuning; Article 6(2), (3a) [meta-data] remains most sensitive issue; Few still have doubts about the added value of Article 10; Article 2 and 11 need further work; Article 18 needs more work
• 25 May 2018 (9079/18)
  Council's Progress report: Changed "few still have doubts about ... Article 10" to "some still have doubts about ... Article 10"
• 25 May 2018 (9079/18)
  Council's 8th revised version: Asking for further decision on article 6, 8 and 10; Minor changes;
• 10 July 2018 (10975/18)
  Council's 9th revised version: Changes for a more future proof Article 6; Deletion of Article 10;
• 20 September 2018 (12336/18)
  Council's 10th revised version: Conditional access on consent (Article 8)
• 19 October 2018 (13256/18)
  Council's 11th revised version: Monitoring responsibility for authorities removed; period until law is enforces extended from 12 to 24 months;
• 16 November 2018 (14268/18)
  Council's Progress report: Work done to make Article 6 balanced between data protection and online marketing done but need more work; Deletion of Article 10; Questioning ministers if bigger work is still needed or if it is close to be finised and can be discussed with the Parliament;
• 23 November 2018 (14491/18)
  Council's Progress report: Small corrections to previous report
• 04 February 2019 (5934/19)
  Council's Discussion on possible compromise solutions: Proposal about machine-to-machine (IoT,...) topic; Proposal to add mentioning of children rights; Proposal to clarify the rules for national security and defense
• 14 February 2019 (6358/19)
  Council's Discussions Paper: Some countries raise concerns about the Regulation harming fight against crime and terrorism (Vorratsdatenspeicherung)
• 15 February 2019 (6467/19)
  Council's 12th revised version: Minor changes
• 22 February 2019 (6771/19)
  Council's 13th revised version: Clarified in Article 2 that the Regulation is not only about personal data, mainly in the Article 18/19
• 13 March 2019 (7099/19)
  Council's 14th revised version: Minor changes, mainly in Article 18 and 19
• 20 May 2019 (9292/19)
  Council's Progress report: How ePrivacy applies to new technolgies was discussed; Discussions about child abuse with no decision; Changes added for data retention for requirements of the Court of Justice but some further adjustments are requested; Most work was done for Article 18-20
• 22 May 2019 (9351/19)
  Council's Progress report: Minor updates to previous report
• 27 June 2019 (10753/19)
  Council's Discussions Paper: Finish presidency asks how to continue
• 12 July 2019 (11001/19)
  Council's 15th revised version: Mainly changes to Anex
• 26 July 2019 (11291/19)
  Council's 16th revised version: Article 6 restructured; Member states can create law to extend allowed metadata storage (Article 7); Added section to allow processing of communication for sole pupose of detecting child abuse cases;
• 18 September 2019 (12293/19)
  Council's 17th revised version: Proposed changes about child abuse topics (Article 6d);
• 4 October 2019 (12633/19)
  Council's 18th revised version: Proposed Anex changes about child abuse topics; Accessing terminal data is allowed if needed for the requested service (Article 8);
• 17 October 2019 (13080/19)
  Council's 19th revised version: In Article 2 it is made clear that the Regulation doesn't apply to activities regarding national security;
• 30 October 2019 (13632/19)
  Council's 20th revised version: The previous change in skope raised question, therefor new proposals; Mainly: Processing and storage is possible if needed for the service; 3rd party can also be the same telecommunication provider;
• 8 November 2019 (13808/19)
  Council's 21th revised version: Resulting from discussion of options in previous document change to 3rd party are made in Article 6; child abuse in Article 29 removed, it is covered in Article 6d
• 15 November 2019 (14054/19)
  Council's 22th revised version (with report): Delegates raised that terrorism should also be addressed, not only child abuse or that child abuse should not be covered in the regulation but somewhere else; Discussions about cookie walls and balancing business models have resulted only in Annex changes so far; Permanent Representatives Committee to confirm the made changes;
• 18 November 2019 (14068/19)
  Council's 22th revised version (with report): Just format changes to previous document
• 27 November 2019 (14447/19)
  Council's Progress report: Same as previous version but with the conclusion that Permanent Representatives Committee didn't reach sufficient support; Back to TTE Council;
• 21 February 2020 (5979/20)
  Council's 23th revised version: Discussions with WP TELE, Coreper and TTE Council have shown that the current text is not supported, therefor simplification and more allignment with GDPR are done; Article 6b and 8 now with "legitimate interest"; Now two TELE WP are devoted to examin the new proposals;
• 6 March 2020 (6543/20)
  Council's 24th revised version: Mainly Annex changes
• 29 May 2020 (8204/20)
  Council's Progress report: Finished Presidency (end of last year) tried to find compromises but failed to find an agreement in the Coreper meeting in Dec. 2019; Therefor Croatian presidency did substantial changes to core Articles (introduced legitimate interest in Article 6&8); Legitimate interest can be advertisement but not for constructing profiles of the user; Member states have very mixed opinions regarding the legitimate interest; More clarification about services financed by advertisement requested; COVID-19 stopped further progress;
• 06 July 2020 (9243/20)
  Council's Presidency note: Start of German Presidency with suggestions to add "vital interest" to Article 6 (because of Covid-19 situation) and questions the "legitimate interest" in Article 8
• 04 November 2020 (9931/20)
  Council's 25th revised version: Removed "legitimate interest" from Article 6b and 8, removed the "child abuse" topic, removed Article 8 1a. regulating the forwarding to thrid-parties
• 23 November 2020 (12891/20 and 13106/20)
  Council's Progress report: Summary of suggested changes and handover to Portuguese presidency
• 5 January 2021 (5008/21)
  Council's 26th revised version: Re-introduced Article 6c; Added more allowed exceptions to Article 8 (aligning with GDPR), a lot of restructuring 5008/21
• 10 January 2021 (6087/21)
  Council's 27th revised version: Final version of the Council; added paragraph to 'consent' that user-given consent should overrule 'technical' consent; mainly just simplifications of paragraphs without major contextual changes