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 33

Safeguards against intrusive direct marketing communications

(33) Safeguards should be provided to protect end-users against direct marketing communications, which intrude into the privacy of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-users who are natural persons is obtained before direct marketing communications are sent to them in order to effectively protect them against the intrusion into their private life. Legal certainty and the need to ensure that the rules protecting against direct marketing communications remain future-proof justify the need to define in principle a single set of rules that do not vary according to the technology used to convey these direct marketing communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of contact details for electronic message within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the contact details for electronic message in accordance with Regulation (EU) 2016/679.

33a) Voice-to-voice direct marketing calls that do not involve the use of automated calling and communication systems are more costly for the sender and impose no financial costs on end-users. Member States should therefore be able to establish and or maintain national systems only allowing such calls to end-users who are natural persons and who have not objected.