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

Recital 3

Conducting business and natural and legal persons

(3) Electronic communications data may also reveal information concerning legal entities, such as business secrets or other sensitive information that has economic value and the protection of which allows legal persons to conduct their business, supporting among other innovation. Therefore, the provisions of this Regulation should in principle apply to both natural and legal persons. Furthermore, this Regulation should ensure that, where necessary, provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council1, also apply mutatis mutandis to end-users who are legal persons. This includes the provisions on consent under Regulation (EU) 2016/679.

(3a) This Regulation should not affect national law regulating for instance the conclusion or the validity of a contract. Similarly, this Regulation should not affect national law in relation to determining who has the legal power to represent legal persons in any dealings with third parties or in legal proceedings.


1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88).