ePrivacy: has the legislation been dealt a fatal blow?

In a last-minute attempt to get the forever-delayed ePrivacy text to the next stage earlier last week, the Finish Presidency of the European Commission decided to present their text to the Permanent Representatives of the EU Council for approval.

Nonetheless, in spite of the multiple re-drafting since January this year, the text was rejected following a comprehensive effort from the DMA, FEDMA and many other national and pan-EU organisations who communicated concerns about many aspects of the legislation.

Over a dozen countries including France, Poland, Czech Republic, UK, Austria and Germany voted against the legislation.

This blocking minority deals a servere blow to the ePrivacy legislation's prospects. It is too early to say whether the new Commission president, Ursula von der Leyen, will bin the legislation altogether, but businesses can be encouraged that the prospect of this outcome has increased.

At the very least, there will likely be positive changes to the current text and lengthy delays of implementation. Indeed, According to Politico, Internal Market Commissioner Thierry Breton has voiced his support for a fresh start on the ePrivacy regulation during his debut at the Telecom Council today.

The DMA is monitoring the situation. Stay tuned for further updates.