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The Fall 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released.

We provide updates on Facebook fan pages, the right to be forgotten, cease and desists by competitors under GDPR, spamming and customer satisfaction surveys, the German Network Enforcement Act, and more. The newsletter also includes

On 8 September 2017, the European Council published its first revisions (“Revised Draft”) to the draft EU ePrivacy Regulation (version COM(2017) 10 of 10 January 2017, “ePrivacy Regulation”). The Revised Draft is based on the discussions held in previous meetings of the European Union’s Working Party for Telecommunications and Information Society (“WP TELE”), and on comments provided by delegations.

The Revised Draft

The Revised Draft aims for clarifications compared with the previous draft by the European Commission, and outlines issues to be discussed in further WP TELE meetings. The Revised Draft does not make changes to the general scope addressed by the ePrivacy Regulation. It tries, however, to be clearer about the territorial scope of applicability of the ePrivacy Regulation, and also about excluding legal entities from the definition of data subjects. Even in the form of the Revised Draft, the ePrivacy Regulation seems like an “elephant” that hampers innovation in Europe.

In terms of tracking technologies and commercial communications, the proposed amendments include, inter alia, the following elements:
Continue Reading Updated Draft of ePrivacy Regulation: Still Hampering Innovation