§ ePrivacy Directive · Article 15
ePrivacy Directive Article 15: Obligations, Deadlines & Penalties
At a glance
Article 15 of the ePrivacy Directive imposes 5 obligations on Member States, Working Party on the Protection of Individuals with regard to the Processing of Personal Data.
§ Obligations
All obligations under Article 15
Obligation 1
Member States must ensure that any legislative measures restricting rights and obligations are necessary, appropriate, and proportionate within a democratic society to safeguard national security, defence, public security, or for the prevention, investigation, detection, and prosecution of criminal offences.
Directive 2002/58/EC, Article 15, Article 15
- Obligated entity
-
Member States
- Sector scope
- electronic communications
- Action required
-
restrict
- Deadline
-
—
- Penalty
-
—
Obligation 2
Member States must ensure that any data retention measures adopted are limited in period and justified on the grounds of national security, defence, public security, or criminal offence prevention and prosecution.
Directive 2002/58/EC, Article 15, Article 15
- Obligated entity
-
Member States
- Sector scope
- electronic communications
- Action required
-
retain
- Deadline
-
—
- Penalty
-
—
Obligation 3
Member States must ensure that all restrictive measures are in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.
Directive 2002/58/EC, Article 15, Article 15
- Obligated entity
-
Member States
- Sector scope
- electronic communications
- Action required
-
comply
- Deadline
-
—
- Penalty
-
—
Obligation 4
Member States must apply the provisions of Chapter III of Directive 95/46/EC regarding judicial remedies, liability, and sanctions to national provisions adopted pursuant to this Directive and to individual rights derived from it.
Directive 2002/58/EC, Article 15, Article 15
- Obligated entity
-
Member States
- Sector scope
- electronic communications
- Action required
-
apply
- Deadline
-
—
- Penalty
-
—
Obligation 5
The Working Party on the Protection of Individuals with regard to the Processing of Personal Data must carry out the tasks laid down in Article 30 of Directive 95/46/EC regarding matters covered by this Directive.
Directive 2002/58/EC, Article 15, Article 15
- Obligated entity
-
Working Party on the Protection of Individuals with regard to the Processing of Personal Data
- Sector scope
- electronic communications
- Action required
-
carry out
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 15
Who must comply with Article 15 of the ePrivacy Directive?
+
Member States, Working Party on the Protection of Individuals with regard to the Processing of Personal Data.
What does Article 15 of the ePrivacy Directive require?
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restrict retain comply