DMA responds to DCMS call for evidence regarding ePrivacy Regulation

The Department for Digital, Culture, Media and Sport (DCMS) has asked the DMA for its opinion on a number of proposed changes to the ePrivacy Regulation made by the Estonian Presidency of the EU Council. The DMA’s full response is available at the bottom of the article

DCMS were specifically interested in a number of key areas below:

Regarding legal bases the Government want know whether legitimate interest should be included within the remit of the ePrivacy Regulation. They point out that legitimate interest cannot be used for sensitive data and suggest a “risk based approach”, so that legitimate interest may be permitted as a ground if no sensitive data is being processed? What’s your view regarding the inclusion of legitimate interest in the ePrivacy Regulation?

The second relates to the legal bases for the processing of online cookies. DCMS propose a “risk based approach” here too. For example, consent could be required for potentially intrusive cookies such as tracking ones that build a profile of browsing across multiple sites, and for non-intrusive cookies (whether 1st/3rd party), a legitimate interest ground could be used.

During previous consultations some respondents had expressed the view that the principle of confidentiality shouldn’t apply to machine-to-machine communications, DCMS claim. So they want to know whether there are practical problems associated with gaining consent for machine-to-machine communications or evidence that they should be outside the scope of the ePrivacy Regulation.

The potential impact on marketing and advertising industry from the proposed ePrivacy Regulation is great. Therefore, it is important that the text is aligned with GDPR and doesn’t unnecessarily restrict electronic marketing. Particularly concerning for DMA members is that legitimate interest is not recognised in the text as a legal basis for processing personal data and that B2B marketers would be required to obtain opt-in prior consent.

Our follow-up is found via the blue button below:

DMA response

Please, submit any comments you may have to our external affairs manager, Zach Thornton, via email Zach.Thornton@dma.org.uk