The draft for ePrivacy also includes machine-to-machine communication. This is the EU’s response to the challenges of the Internet of Things. For these types of data transfer, the same should apply for such instances where users are directly involved. The plan is that devices will only transfer personal data if the user has agreed to it. This could apply to GPS data for smartphones, for example. In general, users must be informed about which data is being collected about them and for what purpose. Therefore, it shouldn’t be possible to hide an agreement in the GTCs or link it to another service. For example, if user data needs to be transferred for online shopping – as it always does – this is allowed. It should not be allowed, though, to use this data for advertising purposes at the same time. For this, a new, specific agreement would be required.
The ePrivacy Regulation shouldn’t be limited to the tapping of personal data by companies, though. Government intervention should also be strongly regulated by ePrivacy. An end-to-end encryption should become obligatory. This means that all data transmissions should be fully encrypted and not viewable by governments. The introduction of backdoors is also to be forbidden. Backdoors that the producer built to grant access for government would be illegal.
ePrivacy shifts away from the internet when it comes to direct marketing. While nothing changes in the principle of email marketing, the regulation intends to regulate telephone marketing in particular more strongly. The proposal states that telephone calls for solicitation purposes should only be allowed if the caller reveals their telephone number or if they use an integrated code to indicate that it’s an advertising call.
ePrivacy shifts away from the internet when it comes to direct marketing. While nothing changes in the principle of e-mail marketing, the regulation intends to more strongly regulate telephone marketing in particular. The proposal states that telephone calls for solicitation purposes should only be allowed if the caller reveals their telephone number or if they use an integrated code to indicate that it’s an advertising call.