Progress on the Pending EU ePrivacy Regulation

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According to a leaked draft, on November 4, 2021, the Council of the European Union (“Council”) and the European Parliament (“Parliament”) agreed a number of amendments to the following three chapters of the draft ePrivacy Regulation, which will replace the ePrivacy Directive 2002/58/EC and has been pending since January 2017):

Chapter III (End-Users’ Rights to Control Electronic Communications) – this chapter is expected to regulate: (i) the presentation of calling and connected line identification (g., whether the device’s screen identifies the number of the incoming call); (ii) the blocking of unwanted malicious or nuisance calls; (iii) the inclusion of information, including personal data, in publicly available directories; and (iv) unsolicited direct marketing communications (e.g., spam email and SMS texts). Chapter V (Remedies, Liability and Penalties) – this chapter is expected to regulate: (i) remedies; (ii) right to compensation and liability; (iii) general conditions for imposing administrative fines; and (iv) penalties. Chapter VI (Final Provisions) – this chapter is expected to regulate the entry into

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