The Croatian Presidency of the Council of the European Union ("Council") has published a progress report on the status of the proposed E-Privacy Regulation. 

The Croatian Presidency's most recent draft of the E-Privacy Regulation introduced the concept of placing cookies and similar technologies on user's devices where this is necessary for purposes of legitimate interests. 

In the Presidency's progress update, it summarised that the reaction from Member States has been mixed to these new proposals, with some not wanting to include a new ground based on legitimate interests, with others taking the view that the new proposals do not go far enough. 

The Presidency also noted that a combination of reactions from Member States on the new proposals coupled with outbreak of the COVID-19 pandemic has meant that agreement within the Council on the draft text has not been achieved. 

The Croatian Presidency will now work with the incoming German Presidency of the Council, to take the proposed E-Privacy Regulation forward. 

This is the latest in the ongoing saga of the E-Privacy Regulation, which was first published in January 2017 and intended to come into force at the same time as the GDPR, on 25 May 2018. 

You can read more about the Croatian Presidency's proposals here and also in our article for PLC Magazine here (first published in the April 2020 issue if PLC Magazine). 

For more information and background on the proposed E-Privacy Regulation, please see our article which first appeared in the July 2019 issue of PLC Magazine here.