Directive On Privacy and Electronic Communications - Subject-matter and Scope

Subject-matter and Scope

The Electronic Privacy Directive has been drafted specifically to address the requirements of new digital technologies and ease the advance of electronic communications services. The Directive complements the Data Protection Directive and applies to all matters which are not specifically covered by that Directive. In particular, the subject of the Directive is the “right to privacy in the electronic communication sector” and free movement of data, communication equipment and services.

The Directive does not apply to Titles V and VI (Second and Third Pillars constituting the European Union). Likewise, it does not apply to issues concerning public security and defence, state security and criminal law. At present, the interception of data is covered by the new EU Data Retention Directive the purpose of which is to amend E-Privacy Directive.

Contrary to Data Protection Directive, which specifically addresses only individuals, Article 1(2) makes it clear that E-Privacy Directive also applies to legal persons.

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