First, the article outlines the key reasons why the attempts of introducing an ePrivacy Regulation (I.) have (provisionally) failed. With the whole legislative process starting anew, all available design options can and should be considered and evaluated again. The article therefore assesses to what extent the European legislator may modify the GDPR’s rules (II.) and whether sector-specific regulation is generally useful (III.). The significant legislative room for maneouvre in regulating ePrivacy is crucially limited by the fundamental rights (IV.) as set out in the Charter of Fundamental Rights (Charter).

First, the article introduces a brief overview of the project and the legal proceedings which resulted from the project’s failure (I.). A brief background describes the aim and actual results of the IT project (II.) and relates the alleged failures of Wipro in implementing the Solution (III.) and the extensive claims made by National Grid as to alleged Wipro misrepresentations as to their experience and expertise (IV.), before vital lessons for the procurement of ERP implementation providers (V.) are elaborated and conclusions drawn (VI.).

First, it is important to understand the background in which the EBA Guidelines came into effect (I.) and identify the risks that they aim to mitigate (II.). If the EBA Guidelines apply (III.), it is essential to have a structured understanding of the key provisions as well as ready-at-hand solutions that are acceptable to both the financial institution and service provider (IV.). The focus of this article is on outsourcing in the field of digitization.