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 4

Definitions

1. For the purposes of this Regulation, following definitions shall apply:

(a) the definitions in Regulation (EU) 2016/679;

(b) the definitions of ‘electronic communications network’, ‘electronic communications service’, ‘interpersonal communications service’, ‘number-based interpersonal communications service’, ‘number-independent interpersonal communications service’, ‘end-user’ and ‘call’ in paragraphs (1), (4), (5), (6), (7), (14) and (21) respectively of Article 2 of [Directive establishing the European Electronic Communications Code];

(c) the definition of ‘terminal equipment’ in Article 1(1) of Commission Directive 2008/63/EC7. ;

(d) the defintion [sic] of ‘information society service’ in point (b) of Article 1 (1) of Directive (EU) 2015/15358.

2. For the purposes of this Regulation, the definition of ‘interpersonal communications service’ referred to in point (b) of paragraph 1 shall include services which enable interpersonal and interactive communication merely as a ancillary feature that is intrinsically linked to another service.

3. In addition, for the purposes of this Regulation the following definitions shall apply:

(a) ‘electronic communications data’ means electronic communications content and electronic communications metadata;

(b) ‘electronic communications content’ means the content exchanged by means of electronic communications services, such as text, voice, videos, images, and sound;

(c) ‘electronic communications metadata’ means data processed by means of electronic communications services for the purposes of transmitting, distributing or exchanging electronic communications content; including data used to trace and identify the source and destination of a communication, data on the location of the device generated in the context of providing electronic communications services, and the date, time, duration and the type of communication;

(d) ‘publicly available directory’ means a directory of end-users of number-based interpersonal communications services, whether in printed or electronic form, which is published or made available to the public or to a section of the public, including by means of a directory enquiry service and the main function of which is to enable identification of such end-users;

(e) ‘electronic message’ means any message containing information such as text, voice, video, sound or image sent over an electronic communications network which can be stored in the network or in related computing facilities, or in the terminal equipment of its recipient, including e-mail, SMS, MMS and functionally equivalent applications and techniques;

(f) ‘direct marketing communications’ means any form of advertising, whether written or oral, sent to one or more identified or identifiable end-users of electronic communications services, including the placing of voice-to-voice calls, the use of automated calling and communication systems with or without human interaction, electronic message, etc.;

(g) ‘direct marketing voice-to-voice calls’ means live calls, which do not entail the use of automated calling systems and communication systems;

(h) ‘automated calling and communication systems’ means systems capable of automatically initiating calls to one or more recipients in accordance with instructions set for that system, and transmitting sounds which are not live speech, including calls made using automated calling and communication systems which connect the called person to an individual.


7 Commission Directive 2008/63/EC of 20 June 2008 on competition in the markets in telecommunications terminal equipment (OJ L 162, 21.6.2008, p. 20–26).

8 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1-15).