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Alright, so this gets in the weeds. GDPR does not supercede the ePD. The ePD is, according to its own text, a law that extends the general privacy regulations
by lmkg 6y ago
Alright, so this gets in the weeds.
GDPR does not supercede the ePD. The ePD is, according to its own text, a law that extends the general privacy regulations to certain aspects of internet technology. So in many cases it defers out to the general privacy law in effect.
When ePD was passed, that law was the DPD, Data Privacy Directive. When GDPR was passed, all ePD references to the DPD became references to GDPR instead (this is Article 94 of GDPR). But ePD remains entirely in effect, just with updated references.
Most importantly, ePD requires Consent in certain cases, but defers to DPD/GDPR for what is the definition of consent. GDPR's definition of consent is much more stringent.
In cases where the ePD did not refer out to DPD, it remains unchanged by the passage of GDPR. So, according to CNIL, it does not include the one-stop-shop mechanism. See section "The competence of the CNIL" in the link below:
https://www.cnil.fr/en/cookies-financial-penalties-60-million-euros-against-company-google-llc-and-40-million-euros-google-ireland https://www.cnil.fr/en/cookies-financial-penalties-60-millio...