Recital 5 of the ePR stipulates that „the provisions of this Regulation particularise and complement the general rules on the protection of personal data laid down in Regulation (EU) 2016/679 as regards electronic communications data that qualify as personal data.“ In other words, ePR is a lex specialis to the GDPR, i.e. it only regulates specific questions of protection of privacy in electronic communications while the GDPR tackles more general topics irrespective of the environment.
As a result, there are three scenarios of the relationship between the GDPR and ePR:
Matters regulated exclusively by the GDPR: processing of personal data outside the scope of ePR (outside electronic communications);
Matters where the ePR takes precedence over the GDPR: processing of personal data where the ePR accompanies GDPR and imposes more specific rules; or
Matters regulated exclusively by the ePR: processing of data not qualifying as personal data and extended protection to legal persons where those qualify as end users.