Skype, WhatsApp and services like them could soon fall under the same European Union regulations as telephone calls and SMS text messages, a leaked legislative draft reveals.

Although Skype and WhatsApp can both be used to make voice calls and send text messages, they don't fall under existing EU communications privacy legislation because they are data services that run over the top of an internet connection, rather than native functions of the network like phone calls and SMS.

But legislators want to bring such "over-the-top" services within the scope of rules protecting users' privacy with their proposed Privacy and Electronic Communications Regulation, a draft of which was obtained by Politico (PDF) on Monday. The regulation is intended to replace the 2002 ePrivacy Directive.

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