ePrivacy directive, assessment of transposition, effectiveness and copmatibility with the proposed data protection regulation : final report

This Report is the final result of a study of which the objective was threefold: - First, the study aimed to assist the Commission by gathering evidence on the transposition of the ePrivacy Directive and by conducting an in-depth analysis of the effective implementation and enforcement of key provisions of this Directive in the Member States; - The second objective was to assess whether the ePrivacy Directive appears to be achieving its intended effects, by identifying and discussing possible gaps, overlaps and diverging transpositions in the Member States; - Finally the study addressed the interaction between the ePrivacy Directive and the proposed Data Protection Regulation in order to assess how the two instruments will operate together. The study did not deal with the entire ePrivacy Directive but focused on five topics: (i) Article 3 regarding the geographical and material scope of application; (ii) Article 5.1 on confidentiality of communications; (iii) Article 5.3 on cookies, spyware and the like; (iv) Articles 6 and 9 on traffic and location data respectively; (v) Article 13 on commercial communications