[nindalf]

Sorry but you’re mistaken. The original ePD applied to messaging services, ie, SMS providers. What changed this year is that a few months ago the EU decided that providers like Messenger should be covered by the regulation too.

Source - worked on ePD compliance.

[Dayshine]

Could this be why Google are withdrawing their free phone calls on Google home devices in the UK as well?

[HatchedLake721]

Thanks!

But I don't understand how ePD with no changes from 2009 can suddenly include Facebook and others? Unless there have been other regulations passed?

I can't find anything about ePD changes that forces Facebook to do this, all I can find is the upcoming ePR (ePrivacy Regulation) that will affect Facebook and others, but it hasn't been passed yet.

I haven't heard of any privacy/GDPR/ePD changes recently other than the EU-US Privacy Shield invalidation.

Is there anything I can read on the changes you're talking about?

[nindalf]

Sorry, everything I’ve read is internal material. The lawyers spoke to the EU and were told this needs to happen right away. So it is happening.

[HatchedLake721]

> ...lawyers spoke to the EU and were told this needs to happen right away

Sorry but this is not how EU works and it doesn't make any sense at all.

You can't "speak with the EU", in the same way you can't "speak with the United States of America".

You can speak with a data regulator in a specific country if you wish so. But each one of them is also part of the European Data Protection Board, which ensures the consistent application of data protection rules throughout the EU.

I can understand lawyers speaking with one of the regulators, and been told about the ePR "ePrivacy Regulation" proposal that looks to repeal the ePD "ePrivacy Directive".

But we live in a sane world (at least here in the EU) where impactful regulations and directives don't change overnight without any notice and implementation period. The ePR "ePrivacy Regulation" draft suggests a 24-month transition period, similar what happened with GDPR which was agreed in 2016 and went live in 2018. So the earliest ePR will take effect as of today is 2023.

Having some "lawyers speak with the EU" about some unannounced "internal material" that "need to happen right away" doesn't make sense.

So no, I don't see how your or Facebook changes were influenced by ePD "ePrivacy Directive" from 2002/2009.

[nindalf]

Ok dude. You know better.

I was using short hand when I said “spoke with the EU”. You chose to misinterpret that.

All I know is that Facebook needs to comply with this by December 21st. This was something we became aware of a few months ago.

If you think that’s impossible, fine by me.

[HatchedLake721]

You should've said December 21st straight away! I now have found what you're talking about.

On December 21st, a 2018 European Electronic Communications Code (EECC) directive goes live on 21st of December 2020.

It's a directive to consolidate and reform the framework for the regulation of electronic communications services and networks in the EEA.

> Under the EECC, the scope of electronic communication services will be expanded to include over-the-top/online communication services. Therefore, providers of VoIP services and other online communication apps (video, chat, messaging) will be subject to telecoms regulation and by extension the ePrivacy Directive.

> For the foreseeable future, those caught by the provisions of the ePD will continue to need to comply, taking into account the interplay with the ever-evolving guidance and case law on the GDPR (e.g. on consent, notice, etc.), which will often apply in the context of the application of the ePD. The ePD rules have not been kept up to date with the latest technological developments and are also not well aligned to the enhanced protections of the GDPR.

I was wrong, the changes are influenced by ePD, but indirectly because of the broadening definition of electronic communication services. Finally we're there. I'm surprised no one else commented about this earlier and it took so much time to understand why this is happening.