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Spotlight on ...

WHAT IS THE

FUTURE FOR DIRECT

E-MARKETING?

Text: Alan Rhode, Co-Founder Taxmen

After the GDPR-storm, many e-commerce players proudly think they have overcome
every possible difficulty in implementing privacy best practices within their own
organisation. So, some would be utterly shocked to learn that the European Union is now
working on new privacy rules tailored explicitly for electronic communications, online
tracking technologies and, also significantly, electronic direct marketing.

he Finnish rotating presidency of the EU Being specifically focused on electronic communications, if
aims at reviving negotiations concerning approved, the ePrivacy Regulation will practically outrank
Ta set of new rules, including a proposed the GDPR in determining the legal framework for elec-
“ePrivacy Regulation”, which has long been at a tronic direct marketing, a particularly sensitive area for
standstill, since the EU Commission put forward e-commerce merchants – and many legal practitioners will
the legislative proposal in early 2017. recall the Latin phrase “lex specialis derogat generali” mean-
ing that specific law prevails over general law.
If approved, the ePrivacy Regulation will supersede the
current e-Privacy Directive (Directive 2002/58/EC) and Also, in some areas, it seems that there is a conflict between
will apply to all EU members states directly. The different the GDRP and the current text of the ePrivacy Regulation,
legal tool adopted (regulation instead of directive) should which is still pending approval by EU lawmakers. Unsur-
allow more intra-EU harmonisation than that present in prisingly, the new rules proposed have been subject to much
current settings. controversy and an almost unprecedented lobbying war.

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