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 18

Independent supervisory authorities

0. Each Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation (‘supervisory authorities’), in accordance with paragraphs 1 to 1aa of this Article.

1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of Chapter II of this Regulation. Without prejudice to article 19, Chapters VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to end-users.

1a. Member Sates shall entrust the monitoring of the application of Chapter III of this Regulation to the supervisory authorities referred to in paragraph 1 of this Article or to other supervisory authorities having the appropriate expertise and independence.

1aa. The supervisory authorities referred to in paragraphs 1 and 1a shall have the power to provide remedies pursuant to article 21(1) and to impose administrative fines pursuant to article 23.

1b. Where more than one supervisory authority is responsible for monitoring the application of this Regulation in a Member State, such authorities shall cooperate with each other.

2. The supervisory authorities referred to in paragraphs 1 and 1a shall cooperate whenever appropriate with national regulatory authorities established pursuant to the [Directive Establishing the European Electronic Communications Code].