Article 1 of ePrivacy Regulation: Subject Matter (Proposed Text)
The proposed text for ePrivacy Regulation Article 1 from the February 15, 2019 is below, covering the subject matter. 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.
Proposed text from February 15, 2019:
Article 1: Subject matter
1. This Regulation lays down rules regarding the protection of fundamental rights and freedoms of natural persons in the provision and use of electronic communications services, and in particular, the rights to respect for private life and communications and the protection of natural persons with regard to the processing of personal data.
1a. This Regulation lays down rules regarding the protection of the fundamental rights and freedoms of legal persons in the provision and use of the electronic communications services, and in particular their rights to respect of communications.
2. The free movement of electronic communications data and electronic communications services within the Union shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural persons and the protection of natural persons with regard to the processing of personal data, and for protection of communications of legal persons.
3. The provisions of this Regulation particularise and complement Regulation (EU) 2016/679 by laying down specific rules for the purposes mentioned in paragraphs 1 to 2.
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