The new rules on personal data protection and electronic communications presented on Tuesday 10 January have provoked a mixed response. It should be pointed out that these rules provide established telecommunication operators with a number of opportunities, whilst providing an improved framework for new services such as Whatsapp.
The general view of industry is that this new regulation is pointless insofar as the EU already has a general regulation on data protection (2016/679). This is, in any case, the view expressed by the EDiMA, the online platforms association, ETNO and GSMA. The latter explained that, “the general regulation already provides a technologically neutral framework oriented towards the future”. It also regrets that their sector is now subject to a dual regulatory regime. ETNO added, “We must ensure that the detailed requirements, such as the limited lawful grounds for processing, do not inadvertently frustrate use of metadata that is both innovative and sensitive to privacy concerns”. The Commission confirms, however, that there will be no duplication of the 2016 general regulation given that this focuses on data protection for individuals and not on the communications between companies or between individuals such as the draft text being examined.
EDRI, the organisation involved in defending digital rights and freedoms said that although, “The European Commission has resisted the most extreme demands from certain parts of industry…the proposal still needs significant improvement". Press publishers criticised requirements on cookies (mechanisms for tracing connection use). EMMA, the European Magazine Media Association, and ENPA, European Newspaper Publishers Association, claimed that the proposal was at risk of affecting the online press business model due to requirements on advertising related data.
There were a number of positive reactions, however, such as that expressed by the European Consumer Office (BEUC) and a number of MEPs, such as Viviane Reding (EPP, Luxembourg) and Jan Philipp Albrecht (Greens/EFA, Germany). BEUC says that it is very satisfied by article 10 of the draft regulation, which includes rules on confidentiality and privacy for users’ software (laptops, smartphones and iPads), data stored on smart devices that should not be accessible unless authorisation has been given by the user. Viviane Reding and Jan Philipp Albrecht both enthusiastically welcomed the inclusion of circumvention services such as Skype and Whatsapp in the regulation’s scope. (Original version in French by Sophie Petitjean)