At the end of May, the Croatian Presidency of the Council of the European Union released an update report on the new ePrivacy Regulation that we're all so eagerly awaiting.

As you may know, the latest draft of the regulation introduced the possibility of legitimate interests as an alternative to consent in the context of cookies and metadata - very exciting indeed.  The accompanying recitals even mention relying upon this legal basis for website content or services wholly or mainly financed by advertising.  This would reduce the need for cookie walls which would only remain necessary where the user was actively blocking cookies (rather than just refusing to click 'I Agree' on the banner!).

Unsurprisingly, the report informs us that these amendments were met with mixed reviews from member states and that we need to keep the right balance between the rights and interests of end-users and those of providers.  Again, unsurprisingly, discussions have been "rendered impossible" due to COVID-19, and further work is required on the drafting.

Watch this space!