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Title: El Reglament de Privacitat europeu: Una reforma encertada?
Author: Pont Guixa, Marta
Tutor: Borja Alcaraz, Andrés
Keywords: privacy
personal data
electronic communications
Issue Date: 30-Jun-2020
Publisher: Universitat Oberta de Catalunya (UOC)
Abstract: Over three years since the European Commission´s proposal for a new legal framework to protect the confidentiality of electronic communications in Europe, amending the current 2002 Directive, negotiations between co-­legislators are stalled. The long delay in adopting a Regulation that should have entered into force in parallel to the General Data Protection Regulation (GDPR) is due to two main reasons. Firstly, to the high interests at stake from the telecom and the tech ad industries. Secondly, to the discrepancies among Member States regarding the balance between individuals' privacy and a higher flexibility for the market players. This study examines the areas of convergence and the differences between the proposed e-­Privacy Regulation (ePR) and the GDPR, considering the different but related fundamental rights they develop, the subjects they protect and the lex specialis principle implications. Departing from a compared analysis of the respective and shared scope of application of both norms, the study focuses on some of the most controversial aspects of the proposed ePR according to the industry and some legal experts regarding alleged duplications or inconsistencies with the data protection rules. The ultimate purpose of this study is to assess the convenience of the proposed reform.
Language: Catalan
Appears in Collections:Bachelor thesis, research projects, etc.

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