The proposal for an ePrivacy Regulation was published in 2017 and negotiated for eight years. It was formally withdrawn by the European Commission, with the withdrawal published in the Official Journal in October 2025, on the grounds that no agreement was in prospect and that the proposal had been overtaken by legislation adopted in the meantime.
The practical consequence is worth stating plainly, because a great deal of planning assumed otherwise. Directive 2002/58/EC continues to apply, as transposed by each Member State, with all the national divergence that article 13(3) permits. The divergence is not a transitional inconvenience awaiting harmonisation; it is the settled state of the law.
What still governs digital marketing
| Matter | Instrument | Harmonised? |
|---|---|---|
| Consent for automated calls, fax and email | Article 13(1) of Directive 2002/58/EC | Yes |
| Existing-customer exception | Article 13(2) | Yes, with four cumulative conditions |
| Consent or objection for other communications | Article 13(3) | No — left to national law |
| Storage of information on terminal equipment | Article 5(3) of Directive 2002/58/EC | Yes in principle; national implementations vary |
| Right to object to direct marketing | Article 21(2) and (3) of Regulation (EU) 2016/679 | Yes, and unconditional |
| Identification of commercial communications | Directive 2000/31/EC and national transpositions | Yes |
Organisations that deferred building a per-market consent architecture, in the expectation that a Regulation would make one unnecessary, now have to build it. The instrument that would have removed the need no longer exists, and no replacement has been proposed.
What this site addresses
Each has a concrete answer on the solutions page.
Objections that do not propagate
The recipient objects on one channel, the refusal is recorded in that channel’s system, and the others continue to include them — which breaches article 21(3) whatever the national model.
View solutionContacts arriving without their lawful basis
Lists reach the operation with no indication of provenance or of the purpose consented to, and contact is made on a basis nobody can verify or demonstrate.
View solutionServices
Bounded products, with defined scope, method and deliverables.
Electronic Marketing Communications Compliance
Lawful bases, proof of consent and the existing-customer exception in email and message campaigns
SpecificationOutbound and Direct Marketing Compliance
Lawful basis of each contact, opt-out registers, calling hours and scripts
SpecificationEuropean Comparative Regimes Report
A Member State by Member State comparison of customer service and telemarketing obligations
SpecificationWhere to go next
Framework
The subject matter, the applicable regime and what has changed in recent years.
ReadMarket
Who is covered, by category of undertaking, and with what priority.
ViewTraining
Training paths on the applicable regulatory framework.
View programmesFAQ
The questions that always come up, answered with a source.
ConsultDiscuss your case
A concrete question gets a concrete answer. Enquiries are routed directly and answered within three working days.