§ ePrivacy Directive · Article 5

ePrivacy Directive Article 5: Obligations, Deadlines & Penalties

Directive 2002/58/EC, Article 5 · All obligations · ePrivacy Directive

At a glance

Article 5 of the ePrivacy Directive imposes 3 obligations on Member States.

§ Obligations

All obligations under Article 5

Obligation 1

Member States shall ensure the confidentiality of communications and related traffic data by means of a public communications network and publicly available electronic communications services through national legislation. Directive 2002/58/EC, Article 5, Article 5

Obligated entity: Member States
Sector scope: public communications network and publicly available electronic communications services
Action required: ensure
Deadline: —
Penalty: —

Obligation 2

Member States shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and related traffic data by persons other than users without the consent of the users concerned. Directive 2002/58/EC, Article 5, Article 5

Obligated entity: Member States
Sector scope: public communications network and publicly available electronic communications services
Action required: prohibit
Deadline: —
Penalty: —
Exemptions: persons legally authorised to do so in accordance with Article 15(1)

Obligation 3

Member States shall ensure that the use of electronic communications networks to store information or to gain access to information stored in the terminal equipment of a subscriber or user is only allowed if the subscriber or user is provided with clear and comprehensive information and offered the right to refuse such processing. Directive 2002/58/EC, Article 5, Article 5

Obligated entity: Member States
Sector scope: electronic communications networks
Action required: ensure
Deadline: —
Penalty: —
Exemptions: technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication, or as strictly necessary to provide an information society service explicitly requested by the subscriber or user

§ Frequently asked

Questions about Article 5

Who must comply with Article 5 of the ePrivacy Directive? +

Member States.

What does Article 5 of the ePrivacy Directive require? +

ensure prohibit

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