Monday 10th December 2018

ePrivacy Proposal

This text is a draft proposal published by the European Council on 4th May, 2018

Chapter 1 (Articles 1 - 4)

General provisions

Chapter 2 (Articles 5 - 11)

Protection of electronic communications of end-users and of the integrity of their terminal equipment

Chapter 3 (Articles 12 - 17)

End-users' rights to control electronic communications

Chapter 4 (Articles 18 - 20)

Independent supervisory authorities and enforcement

Chapter 5 (Articles 21 - 24)

Remedies, liability and penalties

Chapter 6 (Articles 25 - 26)

Delegated Acts and Implementing Acts

Chapter 7 (Articles 27 - 29)

Final provisions

Recitals (1-42)

Select an Article

Select a Recital

Article 15

Publicly available directories

1. The providers of number-based interpersonal communications services shall obtain the consent of end-users who are natural persons to include their personal data in the directory and for inclusion of such data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory.

1aa. Notwithstanding paragraph 1, Member States may provide by law that the inclusion of personal data of an end-user who is a natural person in a publicly available directory can take place provided that he end-user who is a natural person shall have the right to object to such inclusion.

2. The providers of number-based interpersonal communications services shall inform end-users who are natural persons whose personal data are in the directory of any search function that is not based on name in the directory and obtain the consent of end-users’ before enabling such search functions related to their own data.

3. The providers of number-based interpersonal communications services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory.

3a. The providers of number-based interpersonal communications services shall give end-users the means to verify, correct and delete data included in a publicly available directory.

3aa. Notwithstanding paragraphs 1aa to 3a, Member States may provide by law that the requirements under those paragraphs apply to providers of publicly available directories, in addition to or instead of, providers of number-based interpersonal communications services.

4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge.

4a. Where the personal data of the end-users of number based interpersonal communications services have been included in a publicly available directory before this Regulation enters into force, the personal data of such end-users may remain included in a publicly available directory, including version with search functions, unless the end-users have expressed their objection against their data being included in the directory or against the use of available search functions related to their data.