EPR vis-à-vis GDPR: A comparative analysis of the ePrivacy Regulation and the General Data Protection Regulation – CIPL

The objective of this short study is to get a better understanding of the relationship between the proposed ePrivacy Regulation (“ePR”) and the GDPR, and more specifically, to map where both instruments overlap and diverge. To do so the report summarises the meaning of each of the ePR-articles art. 5, 6, 7, 8 and 10 and:

• describes what protection the GDPR provides in absence of the ePR-articles;
• describes the link between the two regulations if the ePR were to be adopted as proposed by the Commission, including which regime will take precedence in the event of a conflict between the two; and
• identifies what, if any, added value the ePR would bring over the GDPR.

The report looks at the effects of the ePR from the perspective of both the protection of fundamental rights and freedoms and the free movement of electronic communications data and electronic communications services within the Union.  See the report at http://www.informationpolicycentre.com/uploads/5/7/1/0/57104281/cipl-brinkhof_epr_study.pdf