The EU Presidency released a revised draft of the ePrivacy Regulation.

Among other things, this revised draft somewhat softens the language of Recital 32 which relates to the application of the ePrivacy Regulation on charities and not-for-profits.

The change sees the Draft Regulation state that “Member States may decide that direct marketing communications may include messages sent by … other non-profit organisations“.

This change will leave the applicability of these Regulations on charities and not-for-profits on the Member States in which they operate, but does not permit them to use the exemption in Article 16.

See revised draft here.