Perhaps the most important thing we know about the recently leaked draft of the new EU ePrivacy rules is that they've gone from being a directive to a regulation, which, according to Jeroen Terstegge, CIPP/E, CIPP/US, in this Privacy Tracker post, makes sense as "You can't have a different law relating to how your car communicates with the cloud each time you cross a border." Next come the provisions requiring manufacturers to configure devices "to prevent third parties from processing user information without the user's choice to do so," and prohibiting the sale of products in the EU that do not meet this requirement. Terstegge notes, "as most devices are manufactured outside Europe ... this provision will also cover non-European manufacturers of electronic devices." Enforcement, however, may be the real Achilles' heel of the proposal, Terstegge writes.
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