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ePrivacy update: Comparison of the three EU drafts

Posted on March 19, 2021June 24, 2025 by Dissent

Dan Whitehead and Nick Westbrook of Hogan Lovells write:

On 10 February 2021, the Council of the European Union (Council) agreed its negotiating mandate for the proposed Regulation on Privacy and Electronic Communications (ePR), which will replace the current ePrivacy Directive 2002/58/EC (ePD). The European Parliament (EP) adopted its negotiating mandate in October 2017, based on the original proposal from the European Commission in January 2017. The European institutions will now seek to agree the final text of the ePR by means of the trilogues (insterinstitutional negotiations) process. This article sets out the significant areas of divergence across the three proposals.

Read the article on Engage.

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