Article 2 of ePrivacy Regulation: Material Scope (Proposed Text)
The proposed text for ePrivacy Regulation Article 2 from the 4th of May, 2018 is below, covering the material scope. This will likely change in the next month or two as they are meeting to discuss the changes to the current ePrivacy Directive. We will update accordingly. Negotiations continue about the precise text and the current version gives one year from the date of entry into force for implementation. We will post the full text when it is available.
Article 2: Material scope
1. This Regulation applies to:
(a) the processing of electronic communications content and of electronic communications metadata carried out in connection with the provision and the use of electronic communications services;
(b) end-users’ terminal equipment information.
(c) the placing on the market of software permitting electronic communications, including the retrieval and presentation of information on the internet;
(d) the offering of a publicly available directory of end-users of electonic communications services;
(e) the sending direct marketing communications to end-users.
2. This Regulation does not apply to:
(a) activities concerning national security and defence;
(b) activities of the Member States which fall within the scope of Chapter 2 of Title V of the Treaty on European Union;
(c) electronic communications services which are not publicly available;
(d) activities of competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
3. The processing of electronic communications data by the Union institutions, bodies, offices and agencies is governed by Regulation (EU) 00/0000 [new Regulation replacing Regulation 45/2001]
4. This Regulation shall be without prejudice to the application of Directive 2000/31/EC [Footnote 6], in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
5. This Regulation shall be without prejudice to the provisions of Directive 2014/53/EU.
[Footnote 6: Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1–16).]
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