Mind the overlap between GDPR and ePD, warns privacy lawyer

Understanding the interplay between the European Union’s General Data Protection Regulation (GDPR) and ePrivacy Directive (ePD) is more difficult than most organisations realise, according to Eduardo Ustaran, partner and global co-head of the privacy and cyber security practice at law firm Hogan Lovells.

However, he said the European Data Protection Board (EDPB) of supervisory authorities from each of the member states has published an opinion setting out the relationship between the GDPR and ePD that has “skilfully joined the dots”.

Publication of the EDPB’s opinion was in response to a request by the Belgian Data Protection Authority for greater clarity around the interplay between the two laws, particularly the competence, tasks, and powers of data protection authorities (DPAs).

According to an article summarising the EDPB opinion, by Ustaran and Elizabeth Campion, a knowledge paralegal at Hogan Lovells, the GDPR and the ePD have different, but overlapping, material scopes. ..Read more..

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