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 7

Storage and erasure of electronic communications data

1. Without prejudice to point (b) of Article 6(1) and points (a), and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients.

2. Without prejudice to point (b) of Article 6(1) and points (a), (c) and (e) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.

3. Where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point (b) of Article 6(2), the relevant metadata may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law.