ePrivacy Regulation (ePrivacy)
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Current position & sources
Sources checked:
The proposed ePrivacy Regulation COM(2017)10 was withdrawn before adoption. Withdrawal was approved on 16 July 2025 and published on 6 October 2025. Its proposed replacement of Directive 2002/58/EC never took effect.
- Withdrawal of Commission proposals — C/2025/5423EUR-Lex
- Legislative procedure 2017/0003(COD)European Parliament
- Original ePrivacy proposalEUR-Lex
Summary
The proposed ePrivacy Regulation COM(2017)10 was withdrawn before adoption. Withdrawal was approved on 16 July 2025 and published on 6 October 2025. Its proposed replacement of Directive 2002/58/EC never took effect.
Who is affected?
The proposal concerned communications providers, businesses using communications or device data, and end-users. It creates no current obligations for those groups.
Scope
Historical proposal covering communications content and metadata, information on end-user devices, and communications privacy. The proposal sought to complement the GDPR.
Key Points
- The Commission presented the proposal on 10 January 2017.
- It proposed rules for confidentiality of communications data and permitted processing purposes.
- It addressed device information, privacy settings and unsolicited communications.
- The proposed repeal of Directive 2002/58/EC was not enacted through this procedure.
- Withdrawal created no application deadline or exemption from other applicable privacy rules.
Key Deadlines
- — Commission proposal published
- — Commission approved withdrawal
- — Withdrawal notice published in the Official Journal
Related Regulations
Frequently Asked Questions
Was the ePrivacy Regulation adopted?
No. Parliament records this legislative procedure as lapsed or withdrawn.
When did withdrawal occur?
The Commission approved withdrawal on 16 July 2025 and published its notice on 6 October 2025.
Did it replace the ePrivacy Directive?
No. The proposed repeal did not take effect.
Did its proposed cookie rules become binding?
No. This proposal did not establish binding cookie requirements; applicable rules must be checked in the relevant enacted legislation.
Was it intended to replace the GDPR?
No. The proposal expressly sought to complement and particularise the GDPR for communications privacy.
Should the dates in its draft be treated as compliance deadlines?
No. Draft application dates never became deadlines under this withdrawn proposal.
Key Terms
- Communications content
- The substance exchanged through a communications service, such as text or voice.
- Communications metadata
- Information about a communication, such as its timing or destination, rather than its content.
- Terminal equipment
- An end-user device used to access communications services.
- Legislative proposal
- A draft submitted for adoption; its provisions are not binding merely because the draft is published.
- Withdrawal
- Ending a proposal before adoption; it does not itself repeal an existing law.