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Directive on Privacy and Electronic Communications

Directive 2002/58/EC
European Union directive
Title Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector
Made by European Parliament & Council
Made under Art. 95
Journal reference L201, 2002-07-31, pp. 37 – 47
History
Date made 2002-07-12
Came into force 2002-07-31
Implementation date 2003-10-31
Preparative texts
EESC opinion C123, 2001-01-24, p.  53
EP opinion C187, 2002-05-30, p.  103
Reports  
Other legislation
Replaces
Amends
Amended by Directive 2006/24/EC, Directive 2009/136/EC
Replaced by
Current legislation

Directive 2002/58/EC on Privacy and Electronic Communications, otherwise known as E-Privacy Directive, is an EU directive on data protection and privacy in the digital age. It presents a continuation of earlier efforts, most directly the Data Protection Directive. It deals with the regulation of a number of important issues such as confidentiality of information, treatment of traffic data, spam and cookies. This Directive has been amended by Directive 2009/136, which introduces several changes, especially in what concerns cookies, that are now subject to prior consent.

The Electronic Privacy Directive has been drafted specifically to address the requirements of new digital technologies and ease the advance of electronic communications services. The Directive complements the Data Protection Directive and applies to all matters which are not specifically covered by that Directive. In particular, the subject of the Directive is the “right to privacy in the electronic communication sector” and free movement of data, communication equipment and services.

The Directive does not apply to Titles V and VI (Second and Third Pillars constituting the European Union). Likewise, it does not apply to issues concerning public security and defence, state security and criminal law. The interception of data was however covered by the EU Data Retention Directive, prior to its annulment by the Court of Justice of the European Union.

Contrary to the Data Protection Directive, which specifically addresses only individuals, Article 1(2) makes it clear that E-Privacy Directive also applies to legal persons.

The first general obligation in the Directive is to provide security of services. The addressees are providers of electronic communications services. This obligation also includes the duty to inform the subscribers whenever there is a particular risk, such as a virus or other malware attack.


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