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ePrivacy Directive
  • Data & Privacy

    • Data Act
    • Data Governance Act
    • ePrivacy Directive
    • GDPR
  • AI & Trust

    • Artificial Intelligence Act
    • Product Liability Directive
  • Cybersecurity

    • Cybersecurity Act
    • DORA
    • NIS2
  • Digital Services & Media

    • Digital Markets Act
    • Digital Services Act
    • European Media Freedom Act
ePD
ePrivacy Directive

Understanding the ePrivacy Directive

Full name of the law
Full name of the law

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)

Link to the official text
Link to the official text
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02002L0058-20091219
Adoption date
Adoption date

12 July 2002. Consolidated text as of 19 December 2009

Transposition or application date
Transposition or application date

31 October 2003

Relevant EU-level authorities and groups
Relevant EU-level authorities and groups

N/A

Relevant Member States authorities
Relevant Member States authorities
Objectives of the law
Objectives of the law
Scope
Scope
  • Providers of publicly available electronic communication services and providers of public communication networks (Article 3)
  • Some provisions apply to private and public entities that place on or read information from the users' terminal equipment (Article 5) or engage in direct marketing, e.g., via email (Article 13)
Key obligations under the law
Key obligations under the law
  • Prohibition of listening, tapping, storage or other kinds of interception or surveillance of users' communications and the related traffic, without the user's consent or legal authorization (Article 5)
  • Specific requirements around the processing of traffic data (Article 6)
  • Requirement to obtain prior consent from users or subscribers for the purpose of direct marketing, with certain exceptions (Article 13)

ePDon StreamLex, what can I find?

Included in the resources
Included
Included

Guidance (guidelines, recommendations, etc.) and templates issued by the European Data Protection Board (EDPB) and European Commission relevant to ePD

Included
Included

Legislation (decisions, implementing decisions, implementing regulation, etc.) adopted by the European Commission relevant to ePD

Included
Included

Relevant registers maintained by the EDPB and the European Commission relevant to ePD

Included
Included

Working Party 29 guidelines endorsed by the EDPB as related to ePD

Not included in the resources
Not Included
Not Included

EDPB responses to the European Commission consultations, responses received to the EDPB consultations, press releases, internal documents, annual reports, leaflets and similar information materials and ad hoc statements that do not constitute guidance

Not Included
Not Included

European Commission consultations, press releases, internal documents, annual reports, leaflets and similar information materials and ad hoc statements that do not constitute guidance

Not Included
Not Included

Draft versions of the EDPB and European Commission guidance or templates (e.g., issued for the purposes of public consultation) and invalidated guidance and templates (e.g., documents superseded by other guidance)

Not Included
Not Included

Historical Working Party 29 guidelines not endorsed by the EDPB

Not Included
Not Included

Documents issued by the national supervisory authorities

Not Included
Not Included

EU and national court judgments

Complete Resources for this Law

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