Article 7 of ePrivacy Regulation: Storage and Erasure of Electronic Communications Data (Proposed Text)
The proposed text for ePrivacy Regulation Article 7 from the 4th of May, 2018 is below, covering storage and erasure of electronic communications data. 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 7: Storage and erasure of electronic communications data
1. Without prejudice to point (b) of Article 6(1) and points (a), and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients.
2. Without prejudice to point (b) of Article 6(1) and points (a), (c) and (e) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.
3. Where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point (b) of Article 6(2), the relevant metadata may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law.
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