Will 2019 Be the Year of GDPR Enforcement & Finalization of the ePrivacy Regulation?

Today is the first day of the IAPP Europe Data Protection Congress in Brussels and there have been a few different comments from regulators published online suggesting that 2019 will be a big year both for GDPR fines and the long awaited ePrivacy Regulation.

Prospect of 2019 GDPR Fines

Six months have already elapsed since the EU General Data Protection Regulation (GDPR) went into effect in May 2018 and there have been a few media reports commenting on the lack of enforcement. A few companies have been warned or fined but there has been nowhere near any 4% fines of large companies that drove implementation efforts yet. However, that does not mean that companies are safe. Regulators at the IAPP conference have been dropping hints to stay tuned in 2019. Here are a few of them:

The Data Protection Commissioner for Ireland said that there would not be major GDPR fines in 2018 but it is safe to expect some in 2019.

The chair of the European Data Protection Board said that there were 14 cross-border enforcement cases happening now but they were complicated and resolution would take “months”.

The CNIL Director of Rights Protection and Sanctions Directorate reportedly warned that the the transition into GDPR “is coming to an end” and there will be action with “teeth”.

Update on the ePrivacy Regulation

We could also see the ePrivacy Regulation be finalized in 2019. The Dutch telecom secretary in a recent brief to Parliament said that there would be no vote on ePrivacy reform at their next meeting in December. However, the appointed rapporteur on the ePrivacy Regulation was also interviewd today at the IAPP conference and she suggested that there was a 50/50 chance that the Council of the EU will adopt a position on the ePrivacy Regulation by April 2019. Once the Council agrees on the legislation, a trilogue of the three institutions can finalize it.

Other Blog Posts on ePrivacy Regulation:

ePrivacy Regulation Destined for a 2021 Start Date?
EDPB Releases Agenda of Fifth Plenary
EDPS Urges Adoption of ePrivacy Regulation
Latest on ePrivacy from Austria
EDPS on ePrivacy Regulation
Presidency Proposes Changes to ePrivacy Articles 6, 8 and 10
Significant Progress on ePrivacy Regulation Highlighted by Progress Report
EDBP Pushes ePrivacy Regulation After GDPR Goes Into Effect
Revised ePrivacy Regulation Draft Circulated

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