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After a 4-year impasse, the European Council has now approved the draft  of the e-Privacy Regulation. This allows the negotiation with the European Parliament to start. The regulation is part of the European data protection framework and it is a sectorial law for telecommunications. But it would be wrong to assume that it applies only to WhatsApp, Zoom or Skype. The e-Privacy Regulation contains many general rules for websites, such as rules for the use of cookies and other identifiers or how to process website data and metadata. Although there is a degree of overlap with the GDPR, the e-Privacy Regulation will also cover data of legal persons (which are not covered by the GDPR) and it will detail how to conduct direct marketing. Sanctions and enforcement will be totally aligned with the GDPR: EUR 10-20 million or 2-4% of annual turnover, whichever is higher.

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