EPrivacy Directive

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Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications, otherwise known as ePrivacy Directive (ePD), is an EU directive on data protection and privacy in the digital age. It presents a continuation of earlier efforts, most directly the Data Protection Directive. It deals with the regulation of a number of important issues such as confidentiality of information, treatment of traffic data, spam and cookies. This Directive has been amended by Directive 2009/136, which introduces several changes, especially in what concerns cookies, that are now subject to prior consent. There are some interplays between the ePrivacy Regulation (ePR) and the General Data Protection Regulation (GDPR). Some EU lawmakers had hoped the ePrivacy Regulation (ePR) could come into force at the same time as the GDPR in May 2018. In this way, it would repeal the ePrivacy Directive 2002/58/EC and accompany the GDPR in regulating the requirements for consent to the use of cookies and opt-out options. The Electronic Privacy Directive has been drafted specifically to address the requirements of new digital technologies and ease the advance of electronic communications services. The Directive complements the Data Protection Directive and applies to all matters which are not specifically covered by that Directive. In particular, the subject of the Directive is the "right to privacy in the electronic communication sector" and free movement of data, communication equipment and services.