ePrivacy Regulation proposal – scope needs to be clarified
BRUSSELS – The goal of the ePrivacy regulation COM(2017)10, as published in January 2017 and currently under debate in Parliament and Council, is to align the rules for electronic communications to the GDPR and ensure trust in the Digital Single Market. However some questions concerning the scope of the ePrivacy proposal remain unclear and require urgent clarification as the goal of the Commission is to swiftly work with the European Parliament and Council to ensure its adoption by May 25, 2018 when the GDPR will enter into application.
Critical questions as the meaning of machine-to-machine (M2M) communication remain open. It must be considered that the data exchanged between the machines themselves, in a B2B environment, does not aim to capture information about the private life of the operator using the machine/ device but exclusively the data about the machine itself (hours of use, localization, level of pressure in the tyres,etc.). If personal information was captured, it would fall in the GDPR scope.
On the other hand, if M2M communications, understood as communication between devices placed on construction equipment or between construction equipment themselves, were within the scope of the ePrivacy Regulation, it is unclear which type of consent is required to enable such electronic communication.
Therefore, additional guidance is still needed to make sure that the ePrivacy Regulation is a success for digital business and CECE urges policy makers to tackle these points.
Please consult our paper by clicking here. More info with belen.bravo@cece.eu
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