§ ePrivacy Directive · Article 15

ePrivacy Directive Article 15: Obligations, Deadlines & Penalties

Directive 2002/58/EC, Article 15 · All obligations · ePrivacy Directive
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? +
restrict retain comply
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