EU Withdraws Proposed ePrivacy Regulation
The European Commission has officially withdrawn the long-awaited ePrivacy Regulation, marking a major shift in the EU’s digital privacy strategy. This decision leaves the existing ePrivacy Directive in place, creating uncertainty for businesses and privacy professionals. While the withdrawal does not introduce immediate legal changes, it raises questions about the future of online tracking, cookies, and digital communications.
The EU’s Decision to Withdraw the ePrivacy Regulation
The ePrivacy Regulation was introduced in 2017 to modernize the outdated 2002 ePrivacy Directive. The goal was to align digital privacy rules with the General Data Protection Regulation (GDPR) and create a unified approach across EU member states. However, after eight years of political deadlock, the European Commission officially withdrew the proposal on February 12, 2025.
Why was the ePrivacy Regulation proposed?
The regulation aimed to strengthen privacy protections in electronic communications. It covered areas like online tracking, cookies, and confidentiality of digital messages. Unlike the ePrivacy Directive, which only applied to traditional telecom providers, the regulation would have extended privacy rules to messaging apps, VoIP services, and IoT devices. It also proposed higher fines for non-compliance, bringing penalties in line with the GDPR.
Why was the proposal withdrawn?
The European Commission cited "no foreseeable agreement" as the main reason for withdrawal. Key disagreements among EU member states stalled negotiations. Industry lobbying played a role, as tech companies and telecom providers pushed back against stricter tracking and consent rules. Timing also worked against the proposal—coming soon after the GDPR, it faced resistance due to regulatory fatigue. Critics argued that the framework was outdated, failing to address the complexities of modern digital services.
What This Means for Privacy and Digital Regulations
With the withdrawal of the ePrivacy Regulation, the 2002 ePrivacy Directive remains in force. This means businesses must still comply with national implementations of the directive. However, privacy regulations remain fragmented across Europe, making compliance challenging for multinational companies.
Continued reliance on the ePrivacy Directive
The ePrivacy Directive remains the primary legal framework governing electronic communications privacy in the EU. It regulates areas like cookies, confidentiality, and spam. However, because it is a directive rather than a regulation, each EU member state enforces it differently. This creates inconsistencies in how privacy laws are applied across the EU.
Impact on cookie consent and online tracking
One of the most debated aspects of the ePrivacy Regulation was its approach to cookies and online tracking. The proposal aimed to streamline cookie consent, reducing the burden on users while ensuring strong privacy protections. Now that the regulation has been withdrawn, companies must continue to rely on GDPR guidance and national cookie laws. This means varying rules across EU countries, leading to continued challenges in compliance.
Industry and Regulatory Reactions
The withdrawal of the ePrivacy Regulation has sparked mixed reactions from privacy professionals, businesses, and regulators. Some see it as a missed opportunity, while others welcome the decision.
Privacy advocates express disappointment
Many privacy experts argue that the withdrawal represents a failure to modernize privacy protections. The regulation would have provided clearer rules for electronic communications and enhanced user control over online tracking. Without it, privacy enforcement relies on court rulings and regulatory interpretations, increasing uncertainty.
Businesses welcome reduced regulatory burden
Industry groups, particularly in advertising and telecommunications, have welcomed the withdrawal. They view it as a relief from additional compliance obligations. Many feared that stricter tracking and cookie rules would disrupt digital advertising models and create hurdles for online businesses. However, they must still comply with existing privacy laws, including GDPR and national ePrivacy rules.
Future of Privacy Regulation in the EU
With the withdrawal of the ePrivacy Regulation, the EU is left without a clear path forward for digital privacy. The European Commission may propose alternative measures, but for now, companies and regulators must rely on existing frameworks. This situation creates challenges for enforcement, compliance, and consumer protection.
Will there be a new privacy regulation?
The European Commission has not yet indicated whether it will introduce a new version of the ePrivacy Regulation or take a different approach. Some experts suggest that rather than a single, comprehensive regulation, the EU may focus on sector-specific rules to address key issues like cookie consent and electronic communications privacy. Others believe that court rulings and GDPR enforcement will gradually fill the regulatory gaps left by the withdrawal.
More reliance on national regulators
Since the 2002 ePrivacy Directive remains in force, national data protection authorities will continue to interpret and enforce privacy laws in different ways. This means that businesses operating across multiple EU countries must monitor local rules closely. The lack of a uniform regulation increases compliance complexity and may lead to inconsistent enforcement actions.
What Businesses Need to Know
For businesses operating in the EU, the withdrawal of the ePrivacy Regulation does not mean fewer compliance obligations. Organizations must still follow the existing ePrivacy Directive, along with GDPR requirements related to data protection and consent.
Compliance remains essential
Companies must continue to ensure that their cookie consent mechanisms, online tracking policies, and digital marketing practices comply with the existing directive and GDPR. Enforcement actions in recent years—such as major fines for improper cookie banners—demonstrate that regulators are still actively monitoring compliance.
Increased legal uncertainty
Without a new regulation, businesses must navigate a patchwork of national privacy laws. Some countries may take a stricter approach to electronic communications privacy, while others may be more lenient. This situation creates legal uncertainty, making it harder for companies to develop a consistent privacy strategy across the EU.
What This Means for CIPP/E Candidates
For CIPP/E exam candidates, the withdrawal of the ePrivacy Regulation may raise questions about its impact on certification requirements. While this development does not significantly alter the exam content in the short term, it is important for privacy professionals to stay informed about the evolving regulatory landscape.
No immediate changes to the CIPP/E exam
As of now, the ePrivacy Directive remains an important part of the CIPP/E Body of Knowledge. The ePrivacy Regulation, however, was never included, as the EU had been hesitant for years in adopting it. Candidates should continue studying the Directive and its relationship with the GDPR, as these remain critical topics in the exam.
If you’re currently studying with the CIPP/E Prep Suite, you will see some minor updates in the texts of lesson 3. Good luck with your preparations!
Long-term relevance for privacy professionals
Even though the ePrivacy Regulation is no longer moving forward, its withdrawal is a key development for privacy professionals. Understanding why the proposal failed, how existing laws continue to apply, and what future privacy regulations may look like is essential for anyone working in data protection and compliance. Staying updated on regulatory changes will be valuable beyond the exam, as businesses will need guidance on adapting to an uncertain legal environment.
