Paul Voigt, Axel von dem Bussche: the EU ePrivacy Regulation – Preliminary Guidance and Commentary
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Paul Voigt, Axel von dem Bussche: the EU ePrivacy Regulation – Preliminary Guidance and Commentary
By [1 August 2024] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.
No later than three years after the date of application of this Regulation, and every three years thereafter, the Commission shall carry out an evaluation of this Regulation and present the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall, where appropriate, inform a proposal for the amendment or repeal of this Regulation in light of legal, technical or economic developments.
Art. 28 ePrivacy Regulation requires the Commission to establish a detailed programme for monitoring the effectiveness of the ePrivacy Regulation. Pursuant to this, a regular assessment and evaluation of the regulation’s stipulation shall be performed, taking into account relevant legal, technical and economic developments (Art. 28 S. 3 ePrivacy Regulation). Ultimately, this evaluation serves to constitute the basis for deciding on a possible amendment or repeal of this regulation, where considered necessary to keep up with the “state of the art” (Art. 28 S. 2 ePrivacy Regulation).
The reference to the 1st of August 2024 must be regarded a mere placeholder. The decision on the time of entry into force will entail a respective amendment. From a systematic comparison with Art. 27 Sec. 1 ePrivacy Regulation stipulating the 1st of August 2022 as the time of repeal of the preceding ePrivacy Directive, it is apparent that this date will be set two years after entry into force pursuant to Art. 29 Sec. 1 ePrivacy Regulation. This is sensible (or potentially even too short), given the period of time necessary in order to assess the effects of the regulation.