The European ePrivacy Regulation (Council Proposal 10.02.2021)

ePrivacy Regulation, Article 4a, Consent.

1. The provisions for consent provided for under Regulation (EU) 2016/679/EU shall apply to natural persons and, mutatis mutandis, to legal persons.

1a. Paragraph 1 is without prejudice to national legislation on determining the persons who are authorised to represent a legal person in any dealings with third parties or in legal proceedings.

2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8 (1), consent may be expressed by using the appropriate technical settings of a software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet.

2aa. Consent directly expressed by an end-user in accordance with Paragraph (2) shall prevail over software settings. Any consent requested and given by an end-user to a service shall be directly implemented, without any further delay, by the applications of the end user’s terminal, including where the storage of information or the access of information already stored in the enduser’s terminal equipment is permitted.

2a. As far as the provider is not able to identify a data subject, the technical protocol showing that consent was given from the terminal equipment shall be sufficient to demonstrate the consent of the end-user according Article 8 (1) (b).

3. End-users who have consented to the processing of electronic communications data in accordance with this Regulation shall be reminded of the possibility to withdraw their consent at periodic intervals of [no longer than 12 months], as long as the processing continues, unless the end-user requests not to receive such reminders.

Note: This is not the final text of the ePrivacy Regulation. This is the text of the ePrivacy Regulation Proposal of the Council of the European Union from 10.2.2021.