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The e-Privacy Directive, also known as the Directive on Privacy and Electronic Communications, is a legal instrument of the European Union that regulates the protection of privacy and personal data in electronic communications. The Directive complements the General Data Protection Regulation (GDPR) and sets out specific rules for data protection in electronic communications.
Key Facts
- The e-Privacy Directive regulates the protection of privacy in electronic communications.
- It was revised in 2002 and 2009 to ensure data protection.
- The Directive prohibits interception or surveillance without the consent of the parties involved.
- Users must be informed about and consent to the use of cookies.
- Unsolicited advertising is prohibited without the prior consent of the recipient.
- Communication providers must take technical and organizational security measures.
- The European Commission is revising the directive in order to adapt it to new technologies.
Background and purpose
The e-Privacy Directive was first adopted in 2002 and later revised in 2009. It aims to ensure the right to privacy and the protection of personal data in electronic communications. This includes, among other things, the confidentiality of communications, protection against unwanted advertising, and the security of networks and services.
Main provisions
Confidentiality of communication
The e-Privacy Directive prohibits the interception, monitoring or storage of communications data without the consent of the individuals involved. This applies both to the content of the communication and to the associated traffic data.
Cookies and similar technologies
The policy contains provisions on the use of cookies and similar technologies that store or access information on users’ devices. Users must be informed about the use of cookies and usually give their consent.
Unsolicited advertising
The e-Privacy Directive prohibits unsolicited advertising by e-mail, SMS and other electronic messaging services unless the recipient has given prior consent. This is often referred to as the “opt-in” rule.
Security
Providers of electronic communications services are required to take appropriate technical and organizational measures to ensure the security of their services and to protect the data of their users.
Current developments
The European Commission is currently working on a revision of the e-Privacy Directive to adapt it to technological developments and the GDPR. The new legal act is known as the e-Privacy Regulation and is to apply directly in all EU member states.
Summary
The e-Privacy Directive is an important EU legal instrument that regulates the protection of privacy and personal data in electronic communications. It supplements the GDPR and contains specific provisions on the confidentiality of communications, the use of cookies, protection against unsolicited advertising, and the security of networks and services.
