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If the highway code had been written in the era of horse-drawn carriages and carriages, we would all feel the urgency of updating it to modern-day traffic, made up of cars, vans, motorbikes and mopeds. And the same, metaphorical aside, is happening with the rules ofEuropean Union for the protection of electronic communications. The directive in force today dates back to 2002. That is, to a world in which the iPhone was still in the mind of Steve Jobs, Facebook still to come (Mark Zuckerberg founded the company with his other college friends in 2004) and Amazon reached its first profit after eight years of online sales.
Yet the draft of the ePrivacy regulation, which must update the rules issued seventeen years ago, has languished since 2017, after the European Commission dismissed its proposal on January 10. The legislative package wanders from desk to desk, tugged at by the interests of governments, companies and lobbies. ePrivacy touches raw nerves: the profiling of users on the internet through Cookies and tracking systems, the development of home automation and 5G, marketing and online advertising. For this reason it risks being crippled at the end of the slow march, because it is not a given that the text, now being examined by the member states gathered in the Council of the European Union, will be able to find an agreement.
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