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 3

Territorial scope and representative

1. This Regulation applies to:

(a) the provision of electronic communications services to end-users who are in the Union;

(aa) the processing of electronic communications content and of electronic communications metadata of end-users who are in the Union;

(c) the protection of terminal equipment information of end-users who are in the Union;

(ca) the placing on the Union market of software permitting electronic communications, including the retrieval and presentation of information on the internet;

(cb) the offering of publicly available directories of end-users of electronic communications services who are in the Union;

(cc) the sending of direct marketing communications to end-users who are in the Union.

2. Where the provider of an electronic communications service, the provider of a publicly available directory or the provider of software enabling electronic communications or a person using electronic communications services to send direct marketing communications or makes use of processing and storage capabilities or collects information processed by or emitted by or stored in the end-users’ terminal equipment is not established in the Union it shall designate in writing a representative in the Union.

2a. The requirements laid down in paragraph 2 shall not apply if activities listed in paragraph 1 are occasional and are unlikely to result in a risk to the fundamental rights of end-users taking into account the nature, context, scope and purpose of those activities.

3. The representative shall be established in one of the Member States where the end-users of such electronic communications services are located.

4. The representative shall be mandated by the provider or person it represents to be addressed in addition to or instead of the provider it represents, in particular, to supervisory authorities, and end-users, on all issues related to processing electronic communications data for the purposes of ensuring compliance with this Regulation.

5. The designation of a representative pursuant to paragraph 2 shall be without prejudice to legal actions, which could be initiated against the provider or person it represents.