Article 4 of ePrivacy Regulation: Definitions (Proposed Text)
The proposed text for ePrivacy Regulation Article 4 from the 4th of May, 2018 is below, covering the definitions. 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 4: Definitions
1. For the purposes of this Regulation, following definitions shall apply:
(a) the definitions in Regulation (EU) 2016/679;
(b) the definitions of ‘electronic communications network’, ‘electronic communications service’, ‘interpersonal communications service’, ‘number-based interpersonal communications service’, ‘number-independent interpersonal communications service’, ‘end-user’ and ‘call’ in paragraphs (1), (4), (5), (6), (7), (14) and (21) respectively of Article 2 of [Directive establishing the European Electronic Communications Code];
(c) the definition of ‘terminal equipment’ in Article 1(1) of Commission Directive 2008/63/EC [Footnote 7];
(d) the defintion of ‘information society service’ in point (b) of Article 1 (1) of Directive (EU) 2015/1535 [Footnote 8].
2. For the purposes of this Regulation, the definition of ‘interpersonal communications service’ referred to in point (b) of paragraph 1 shall include services which enable interpersonal and interactive communication merely as a ancillary feature that is intrinsically linked to another service.
3. In addition, for the purposes of this Regulation the following definitions shall apply:
(a) ‘electronic communications data’ means electronic communications content and electronic communications metadata;
(b) ‘electronic communications content’ means the content exchanged by means of electronic communications services, such as text, voice, videos, images, and sound;
(c) ‘electronic communications metadata’ means data processed by means of electronic communications services for the purposes of transmitting, distributing or exchanging electronic communications content; including data used to trace and identify the source and destination of a communication, data on the location of the device generated in the context of providing electronic communications services, and the date, time, duration and the type of communication;
(d) ‘publicly available directory’ means a directory of end-users of number-based interpersonal communications services, whether in printed or electronic form, which is published or made available to the public or to a section of the public, including by means of a directory enquiry service and the main function of which is to enable identification of such end-users;
(e) ‘electronic message’ means any message containing information such as text, voice, video, sound or image sent over an electronic communications network which can be stored in the network or in related computing facilities, or in the terminal equipment of its recipient, including e-mail, SMS, MMS and functionally equivalent applications and techniques;
(f) ‘direct marketing communications’ means any form of advertising, whether written or oral, sent to one or more identified or identifiable end-users of electronic communications services, including the placing of voice-to-voice calls, the use of automated calling and communication systems with or without human interaction, electronic message, etc.;
(g) ‘direct marketing voice-to-voice calls’ means live calls, which do not entail the use of automated calling systems and communication systems;
(h) ‘automated calling and communication systems’ means systems capable of automatically initiating calls to one or more recipients in accordance with instructions set for that system, and transmitting sounds which are not live speech, including calls made using automated calling and communication systems which connect the called person to an individual.
[Footnote 7: Commission Directive 2008/63/EC of 20 June 2008 on competition in the markets in telecommunications terminal equipment (OJ L 162, 21.6.2008, p. 20–26).]
[Footnote 8: 8 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1-15).]
Previous (Article 3) | Index | Next (Article 4a)
Improve Data Privacy for GDPR or CCPA with Clarip
The Clarip team and enterprise privacy management software are ready to meet your compliance automation challenges. Click here to contact us (return messages within 24 hours) or call 1-888-252-5653 to schedule a demo or speak to a member of the Clarip team.
If compliance with the California Consumer Privacy Act is your focus until 2020, ask us about our CCPA software. Handle automation of data subject access requests with our DSAR Portal, or provide the right to opt out of the sale of personal information with the consent management software.
Need to improve your GDPR compliance solution? Clarip offers modular GDPR software that can fill in gaps in your privacy program. Choose from the data mapping software for an automated solution to understanding your data collection and sharing, conduct privacy risk assessments with DPIA software, or choose the cookie consent manager for ePrivacy.
Click here to contact us (return messages within 24 hours) or call 1-888-252-5653 to schedule a demo and speak to a member of the Clarip team.