Germany recently took over the Presidency of the Council of the European Union ("Council") from 1 July 2020 , and published a discussion paper in relation to the proposed E-Privacy Regulation. 

The German Presidency is aiming to reach a General Approach on the text, using the latest compromise proposal from the previous Croatian Presidency as the starting point for discussions, which was published on 6 March 2020. 

The German Presidency has noted that a key element is reaching agreement on rules for processing electronic communications data under Article 6 and protection of end-users’ terminal equipment information under Article 8 (cookies and similar technologies).

The previous proposal from the Croatian Presidency introduced the concept of placing cookies and similar technologies on users devices where necessary for the purposes of legitimate interests, as well for processing of electronic communications metadata.

The German presidency also noted that it intends to discuss the issue of detection of child abuse imagery separately at a later date, which is one of the other outstanding issues.

You can read more about the Croatian Presidency's previous 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.