# Directive 2002/58/EC (ePrivacy Directive, consolidated) — privacy and electronic communications

URL: https://consilena.com/coverage/laws/ksrc_fk2kfy3zhd21swye

- Jurisdiction: European Union
- Type: Directive
- Identifier: 02002L0058-20091219
- Current as of: 12 July 2002
- Provisions: 23
- Official text: https://eur-lex.europa.eu/eli/dir/2002/58/oj

> The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law.

## Provisions

- **["art_15a"]**: art_15a Article 15a Implementation and enforcement 1. Member States shall lay down the rules on penalties, including criminal sanctions where appropriate…
- **["art_10"]**: art_10 Article 10 Exceptions Member States shall ensure that there are transparent procedures governing the way in which a provider of a public communications…
- **["art_14"]**: art_14 Article 14 Technical features and standardisation 1. In implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs…
- **["art_8"]**: art_8 Article 8 Presentation and restriction of calling and connected line identification 1. Where presentation of calling line identification is offered, the…
- **["art_2"]**: art_2 Article 2 Definitions Save as otherwise provided, the definitions in Directive 95/46/EC and in Directive 2002/21/EC of the European Parliament and of the…
- **["art_4"]**: art_4 Article 4 ►M2 Security of processing ◄ 1. The provider of a publicly available electronic communications service must take appropriate technical and…
- **["art_6"]**: art_6 Article 6 Traffic data 1. Traffic data relating to subscribers and users processed and stored by the provider of a public communications network or…
- **["art_3"]**: art_3 Article 3 Services concerned This Directive shall apply to the processing of personal data in connection with the provision of publicly available…
- **["art_16"]**: art_16 Article 16 Transitional arrangements 1. Article 12 shall not apply to editions of directories already produced or placed on the market in printed or…
- **["art_11"]**: art_11 Article 11 Automatic call forwarding Member States shall ensure that any subscriber has the possibility, using a simple means and free of charge, of…
- **["art_5"]**: art_5 Article 5 Confidentiality of the communications 1. Member States shall ensure the confidentiality of communications and the related traffic data by means…
- **["art_19"]**: art_19 Article 19 Repeal Directive 97/66/EC is hereby repealed with effect from the date referred to in Article 17(1). References made to the repealed…
- **["art_1"]**: art_1 Article 1 Scope and aim ▼M2 1. This Directive provides for the harmonisation of the national provisions required to ensure an equivalent level of…
- **["art_21"]**: art_21 Article 21 Addressees This Directive is addressed to the Member States.
- **["art_18"]**: art_18 Article 18 Review The Commission shall submit to the European Parliament and the Council, not later than three years after the date referred to in…
- **["art_12"]**: art_12 Article 12 Directories of subscribers 1. Member States shall ensure that subscribers are informed, free of charge and before they are included in the…
- **["art_13"]**: art_13 Article 13 Unsolicited communications 1. The use of automated calling and communication systems without human intervention (automatic calling machines)…
- **["art_20"]**: art_20 Article 20 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
- **["art_17"]**: art_17 Article 17 Transposition 1. Before 31 October 2003 Member States shall bring into force the provisions necessary to comply with this Directive. They…
- **["art_15"]**: art_15 Article 15 Application of certain provisions of Directive 95/46/EC 1. Member States may adopt legislative measures to restrict the scope of the rights…
- **["art_9"]**: art_9 Article 9 Location data other than traffic data 1. Where location data other than traffic data, relating to users or subscribers of public communications…
- **["art_7"]**: art_7 Article 7 Itemised billing 1. Subscribers shall have the right to receive non-itemised bills. 2. Member States shall apply national provisions in order…
- **["art_14a"]**: art_14a Article 14a Committee procedure 1. The Commission shall be assisted by the Communications Committee established by Article 22 of Directive 2002/21/EC…
- **["art_6"]**: art_6 (1). 2. Traffic data necessary for the purposes of subscriber billing and interconnection payments may be processed. Such processing is permissible only…
- **["art_15a"]**: art_15a 4. The relevant national regulatory authorities may adopt measures to ensure effective cross-border cooperation in the enforcement of the national laws…
- **["art_13"]**: art_13 4. In any event, the practice of sending electronic mail for the purposes of direct marketing which disguise or conceal the identity of the sender on…
- **["art_15"]**: art_15 (1) of that Directive. ▼M2 1b. Providers shall establish internal procedures for responding to requests for access to users' personal data based on…
- **["art_2"]**: art_2 breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to…
- **["art_4"]**: art_4 3. In the case of a personal data breach, the provider of publicly available electronic communications services shall, without undue delay, notify the…

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