Data retention, location data, cookie banners: the ePrivacy Regulation is coming

Besides cookies, the purpose of the ePrivacy Directive is to regulate a much wider area: it contains specific data protection provisions for electronic communications data, in particular content data, traffic metadata, and location data that accrues when using the internet or talking on the phone. Importantly, it also regulates if and to what extent public authorities can access this data: Article 15 of the Directive provides that restrictions of the data protection provisions need to constitute "a necessary, appropriate and proportionate measure within a democratic society to safeguard national security".

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