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The University of Southampton
Interdisciplinary Centre for Law, Internet and Culture (iCLIC)

The future of EU Data Protection Law: what about the ePrivacy Regulation?  Event

Keyboard, EU stars and padlock
10:00 - 16:00
25 May 2018
University of Southampton Highfield Campus Nuffield Theathe (Building 6) - Room 1077 SO17 1BJ Southampton United Kingdom

Event details

iLaws event

The General Data Protection Regulation (GDPR) is in the headlines for almost 2 years. It will be directly applicable in all EU Member States from 25 May 2018. Altough not a revolution, the GDPR is often described as a significant leap forward, having the potential to affect all industries. The GDPR, however, is only one pillar of the EU data protection framework. If the proposed ePrivacy Regulation, intended to replace the ePrivacy Directive, has received less attention, it certainly has the potential to affect many, if not all, industries as well. This is because it seeks to regulate the processing of electronic communications data (both metadata and content data) and includes comparable sanctions. Its provisions target natural and legal persons. In addition, both over-the-top and machine-to-machine communications would be covered. What is the exact scope of the ePrivacy Regulation? Is the ePrivacy Regulation fit for purpose? Is the principle of confidentiality of electronic communications robust enough? What could it entail for online platforms? What would be the implications of the ePrivacy Regulation for the marketing and advertising industry?

Join us for a full day of presentations and discussions that tackle these questions!


10:00 - 10:15 Welcome
10:15 - 11:00 Keynote Julia Reda 
11:00 - 11:30 Coffee break
11:30 - 12:45 Panel 1: Why an ePrivacy Regulation?
      Jennifer Baker
      Daniel Westman
      Peter Wright
12:45 - 14:00 Lunch
14:00 - 15:15 Panel 2: What about the practical implications of the ePrivacy Regulation?
      Federica Paci
      Faranak Hardcastle
      Richard Gomer
15:15 - 15:30 Closing
15:30 - 16:00 Networking Space

The event will be live streamed & recorded. The stream is available here.

Event Organisers:

Sophie Stalla-Bourdillon (iCLIC); Gefion Thuermer (Web Science Centre for Doctoral Training)

Speaker information

Julia Reda,Member of the European Parliament, Group of the Greens/European Free Alliance,Keynote speaker

Jennifer Baker,EU tech policy reporter

Daniel Westman ,Independent Legal and Policy Advisor,Researcher and Teacher in ICT and Media Law. The ePrivacy Regulation and filtering obligations in the DSM Directive: can we have both? Information society services and communication services have traditionally been regulated in different ways. But the line between these services is increasingly blurred. The proposed ePrivacy regulation broadens the scope of the sector-specific - and in some respects stronger - data protection rules. How does this effect rules targeting information society services? What is, for example, the relationship between the ePrivacy rules and the proposed filtering obligation under the DSM Directive?

Peter Wright,DigitalLawUK,Managing Director

Sophie Stalla-Bourdillon,Associate Professor in Information Technology and Intellectual Property Law, Director of ILAWS, University of Southampton

Federica Paci,Lecturer in Cyber Security, Electronics and Computer Science, University of Southampton. Article 5 of ePrivacy Directive requires that electronic communications data (content and metadata) remain confidential. In this short talk, I will provide an overview of which techniques can be applied to protect the confidentiality of content and metadata associated with an electronic communication. I will argue that the same tecniques cannot be applied to protect content and metadata because they are subject to different cyber attacks to confidentiality and privacy. I will also discuss some of the challenges in implementing these techiques to protect machine-to-machine communications.

Richard Gomer,Postgraduate research student, Electronics and Computer Science, University of Southampton. Interception or Betrayal? How should we think about online advertising? Online advertising, and its associated privacy impact, is often compared to surveillance and, increasingly, to interception of communications. However, simple comparisons can obscure the complex multi-stakeholder arrangements and agency within the online advertising ecosystem.How can we conceptualise tracking in a way that brings clarity instead of confusion

Faranak Hardcastle,Postgraduate research student, Electronics and Computer Science, University of Southampton. ePR, OBTA, and accountability gaps In this talk I explore what some of the requirements of the proposed ePrivacy Regulation could mean for a specific type of Online Behavioural Tracking and Advertising (OBTA) practice, and speculate an approach for identifying accountability gaps in other types of online advertising

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