Aha, that's very illuminating, thanks Andrew!
I think I'll just wait to see when anything concrete comes out of the trilogue, rather than try to second guess how it will end up.......
Regards,
Peter
Peter Dinsdale
Data Protection Consultant
Perfect Image /
T: 0191 238 0111
www.perfect-image.co.uk
Follow us on Twitter http://twitter.com/perfectimage
-----Original Message-----
From: Andrew Cormack <[log in to unmask]>
Sent: 20 April 2018 15:40
To: Peter Dinsdale <[log in to unmask]>; [log in to unmask]
Subject: RE: E-Privacy Regulation
Peter
There are *three* "current drafts" of the ePR. The one being worked on by
the European Council, the one finished by the European Parliament before
Christmas, and the original Commission proposal. As far as I remember (it's
not the area I've been concentrating on) the Council (to the extent that it
*has* a unified view) and Commission take a relaxed view of B2B emails, the
Parliament want them much more strictly regulated.
Parliament's one, if you want to compare, is at
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference
=A8-2017-0324&language=EN
Once the Council has resolved its internal disagreements on the text, the
three bodies will get together and try to thrash out a text they can all
agree on. That could be interesting...
HTH
Andrew
-----Original Message-----
From: This list is for those interested in Data Protection issues
<[log in to unmask]> On Behalf Of Peter Dinsdale
Sent: 20 April 2018 15:30
To: [log in to unmask]
Subject: E-Privacy Regulation
Afternoon all,
Just wondering if anyone else is up to speed on the proposals for the
revised E-Privacy Regulation, as I've been trying to follow the various
strands to work out if it's going to impact B2B emails. So far I've got the
following...
From the latest draft Reg (April 2018 draft - sorry, can't find a link that
isn't in the IAPP Resource Centre -
https://iapp.org/media/pdf/resource_center/ePR_2018-04-13.pdf)
*Article 16(1) "Natural or legal persons shall be prohibited from
using electronic communications services for the purposes of [sending or
presenting] direct marketing communications to end-users who are natural
persons unless they have given their consent."
*Article 4(1) "For the purposes of this Regulation, following
definitions shall apply: ...'end-user'.' in paragraph (14) of Article 2 of
[Directive establishing the European Electronic Communications Code].
From there to the Directive establishing the European Electronic
Communications Code (from what I can tell, this is the latest draft:
https://eur-lex.europa.eu/resource.html?uri=cellar:c5ee8d55-7a56-11e6-b076-0
1aa75ed71a1.0001.02/DOC_3&format=PDF
<https://eur-lex.europa.eu/resource.html?uri=cellar:c5ee8d55-7a56-11e6-b076-
01aa75ed71a1.0001.02/DOC_3&format=PDF> )
*Article 2(14) "'end-user' means a user not providing public
communications networks or publicly available electronic communications
services"
*Article 2(13) "'user' means a legal entity or natural person using
or requesting a publicly available electronic communications service"
Now as public electronic communications services excludes business
networks/private communications services, this means that someone using
their work email account is not an 'end-user'. Is that right?
If that is right, then the prohibition on sending direct marketing
communications without consent does not apply when it is being sent to
someone using their work email account. Is that right?
Therefore, I am coming to the view that, as currently drafted, B2B email
marketing is not prohibited under the current draft ePR.
Have I missed anything obvious or leapt to any spurious conclusions here?
Thanks,
Peter
Peter Dinsdale
Data Protection Consultant
Perfect Image /
T: 0191 238 0111
www.perfect-image.co.uk <http://www.perfect-image.co.uk/>
Follow us on Twitter http://twitter.com/perfectimage
<http://twitter.com/perfectimage>
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