The discussion around the ePrivacy Regulation status has been ongoing in the European Union for years. Companies, data protection experts, and citizens continue to ask the same question: Will the ePrivacy Regulation ever become law? In this article, we explore its current status, the reasons behind the delay, and what its absence means for businesses and individuals.
What Is the ePrivacy Regulation and Why Does It Matter?
The existing legal framework for electronic communications in the EU is the ePrivacy Directive (Directive 2002/58/EC) also known as the “Cookie Directive.”
It regulates key areas such as:
- The confidentiality of electronic communications
- The use of cookies and tracking technologies
- Direct marketing via email
- The retention of traffic and location data
However, since this directive was transposed into national law by each EU Member State, it has led to fragmented interpretations across Europe. (eur-lex.europa.eu)
With the rapid evolution of digital technologies including messaging apps, IoT (Internet of Things), and advanced tracking systems lawmakers aimed to modernize the legal framework through a unified regulation: the ePrivacy Regulation (ePR).
Its purpose was to update and replace the directive, ensuring consistent privacy rules across the EU. (digital-strategy.ec.europa.eu)
The Current Status: Withdrawn What Does It Mean?
For years, the ePrivacy Regulation proposal was a key part of the EU’s digital strategy. However, in early 2025, the European Commission officially withdrew the proposal. (cookiebot.com)
The main reason for the withdrawal was a lack of political consensus among EU legislators, combined with the fact that the draft had become outdated due to the introduction of newer frameworks such as the Digital Services Act (DSA) and the Digital Markets Act (DMA). (hunton.com)
As a result, the ePrivacy Directive remains in force, and each Member State continues to apply its own national version of the law. (european-eprivacy-regulation.com)
Consequences of the Withdrawal
The withdrawal of the regulation leaves a significant legal gap in Europe’s data protection landscape. Businesses that hoped for a unified and modern framework are left navigating inconsistent national rules, while users continue to experience varying levels of privacy protection depending on where they live.
Privacy advocates have described this move as a setback for digital rights, though it has reignited debates about how to modernize privacy laws in an increasingly connected world. (edri.org)
What Businesses Should Know
Even without the new regulation, companies still have legal responsibilities under the existing ePrivacy Directive and the General Data Protection Regulation (GDPR). Key points include:
- Compliance with the ePrivacy Directive
The directive continues to require that businesses:
- Obtain prior consent for non-essential cookies and tracking technologies
- Provide clear and transparent cookie information
- Ensure confidentiality and security of communications
- Follow strict rules for direct marketing and unsolicited emails
In other words, companies must still maintain a high level of transparency and user control over how personal data and online identifiers are processed. (edps.europa.eu)
- Interaction with GDPR and New Digital Acts
The GDPR remains the overarching framework for data protection in the EU. The ePrivacy Directive complements it by covering the specific area of electronic communications.
Meanwhile, the Digital Services Act (DSA) introduces new obligations related to online advertising transparency, user data, and content moderation creating another layer of compliance. (cookiebot.com)
- Court Rulings as Practical Guidance
Because there is no new regulation, case law continues to play a decisive role in shaping privacy practices.
One major precedent is the Planet49 ruling (C-673/17), where the Court of Justice of the EU (CJEU) ruled that pre-ticked consent boxes for cookies are not valid. Users must actively give consent, and websites must disclose how long cookies last and whether third parties can access them. (en.wikipedia.org)
This ruling remains a benchmark for cookie compliance across Europe.
The Future of ePrivacy: What Comes Next?
Although the ePrivacy Regulation proposal has been withdrawn, the discussion is far from over. Many experts believe that privacy rules for digital communication will eventually be integrated into other EU laws or revisited in a new legislative initiative. (edri.org)
Some policymakers are exploring ways to embed ePrivacy principles within broader digital frameworks ensuring that consent, confidentiality, and transparency remain central to the EU’s digital ecosystem.
For now, organizations should not adopt a “wait-and-see” attitude. Instead, they should proactively strengthen their privacy strategies, ensuring that consent management, data retention, and tracking policies meet both legal and ethical standards.
Collaborating with trusted privacy solution providers such as ePrivacyCompany can help businesses align with current requirements while staying prepared for upcoming changes.
The ePrivacy Regulation status remains uncertain: the long-awaited proposal has been officially withdrawn, leaving the older ePrivacy Directive as the main legal framework for privacy in electronic communications.
Businesses must continue to navigate fragmented national laws and follow GDPR standards while preparing for possible future updates.
Despite this setback, the broader goal of ensuring trust, transparency, and data protection in digital communication remains as important as ever. By taking proactive steps today from transparent cookie consent mechanisms to strong data governance companies can build lasting trust with their users and stay ready for the next chapter in European privacy law