Telecoms Package Diff ePrivacy Commission Amended Proposal Parliament First Reading Council Political Agreement

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Telecoms Package: Comparison Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector (ePrivacy 2002/58/EC)


European Commission Amended Proposal / European Parliament First Reading / Council of European Union Political Agreement − 2008-11-06 / 2008-09-24 / 2008-11-27

Article 1

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
(26a) Directive 2002/58/EC provides for the harmonisation of the provisions of the Member States required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy, with respect to the processing of personal data in the electronic communications sector, and to ensure the free movement of such data and of electronic communications equipment and services in the Community. (26a) Directive 2002/58/EC provides for the harmonisation of the provisions of the Member States required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and the right to confidentiality and security of information technology systems, with respect to the processing of personal data in the electronic communications sector, and to ensure the free movement of such data and of electronic communications equipment and services in the Community. (26a) Directive 2002/58/EC provides for the harmonisation of the provisions of the Member States required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy, with respect to the processing of personal data in the electronic communications sector, and to ensure the free movement of such data and of electronic communications equipment and services in the Community.

Article 2

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 2 − Definitions Article 2 − Definitions Article 2 − Definitions
Save as otherwise provided, the definitions in Directive 95/46/EC and in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(8) shall apply. Save as otherwise provided, the definitions in Directive 95/46/EC and in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(8) shall apply. Save as otherwise provided, the definitions in Directive 95/46/EC and in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) shall apply.
The following definitions shall also apply: The following definitions shall also apply: The following definitions shall also apply:
(a) “user” means any natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to this service; (a) “user” means any natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to this service; (a) “user” means any natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to this service;
(b) “traffic data” means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof; (b) “traffic data” means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof; (b) “traffic data” means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof;
(c) “location data” means any data processed in an electronic communications network, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service; (c) “location data” means any data processed in an electronic communications network, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service; (c) “location data” means any data processed in an electronic communications network or by an electronic communications service, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service;
(d) “communication” means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a broadcasting service to the public over an electronic communications network except to the extent that the information can be related to the identifiable subscriber or user receiving the information; (d) “communication” means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a broadcasting service to the public over an electronic communications network except to the extent that the information can be related to the identifiable subscriber or user receiving the information; (d) “communication” means any information exchanged or conveyed between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a broadcasting service to the public over an electronic communications network except to the extent that the information can be related to the identifiable subscriber or user receiving the information;
(e) “call” means a connection established by means of a publicly available telephone service allowing two-way communication; (e) “call” means a connection established by means of a publicly available telephone service allowing two-way communication; (e) moved to Framework Directive (“call” means a connection established by means of a publicly available electronic communications service allowing two-way voice communication.)
(f) “consent” by a user or subscriber corresponds to the data subject's consent in Directive 95/46/EC; (f) “consent” by a user or subscriber corresponds to the data subject's consent in Directive 95/46/EC; (f) “consent” by a user or subscriber corresponds to the data subject's consent in Directive 95/46/EC;
(g) “value added service” means any service which requires the processing of traffic data or location data other than traffic data beyond what is necessary for the transmission of a communication or the billing thereof; (g) “value added service” means any service which requires the processing of traffic data or location data other than traffic data beyond what is necessary for the transmission of a communication or the billing thereof; (g) “value added service” means any service which requires the processing of traffic data or location data other than traffic data beyond what is necessary for the transmission of a communication or the billing thereof;
(h) “electronic mail” means any text, voice, sound or image message sent over a public communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient. (h) “electronic mail” means any text, voice, sound or image message sent over a public communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient. (h) “electronic mail” means any text, voice, sound or image message sent over a public communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient;
(i) “Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available electronic communications services in the Community. (i) “Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available electronic communications services in the Community. (i) “personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available electronic communications service in the Community.

Article 3

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
(27a) IP addresses are essential to the working of the internet. They are unique numbers assigned to devices participating in a computer network using the Internet Protocol for communication between its nodes, such as computers or mobile smart devices. In practice, they may also be used to identify the user of a given device. Considering the different scenarios in which IP addresses are used, and the related technologies which are rapidly evolving (including the deployment of IPv6), questions have arisen about their treatment as personal data in certain circumstances. Developments concerning the use of IP addresses should be followed closely, taking into consideration the work already done by, among others, the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, and in the light of such proposals as may be appropriate. (27a) IP addresses are essential to the working of the internet. They identify network participating devices, such as computers or mobile smart devices by a number. Considering the different scenarios in which IP addresses are used, and the related technologies which are rapidly evolving, questions have arisen about their use as personal data in certain circumstances. The Commission should therefore conduct a study regarding IP addresses should be followed closely, taking into consideration the work already done by, among others, the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, and their use and present such proposals as may be appropriate. (27a) IP addresses are essential to the working of the internet. They are unique numbers assigned to devices participating in a computer network using the Internet Protocol for communication between its nodes, such as computers or mobile smart devices. In practice, they may also be used to identify the user of a given device. Considering the different scenarios in which IP addresses are used, and the related technologies which are rapidly evolving (including the deployment of IPv6), questions have arisen about their treatment as personal data in certain circumstances. Developments concerning the use of IP addresses should be followed closely, taking into consideration the work already done by, among others, the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, and in the light of such proposals as may be appropriate.
(28) Technological progress allows the development of new applications based on devices for data collection and identification, which may be contactless devices using radio frequencies. For example, Radio Frequency Identification Devices (RFID) use radio frequencies to capture data from uniquely identified tags, which can then be transferred over existing communications networks. The wide use of such technologies can bring considerable economic and social benefits and thus make a powerful contribution to the internal market if their use is acceptable to citizens. To achieve that, it is necessary to ensure that all the fundamental rights of individuals, including the right to privacy and data protection, are safeguarded. When such devices are connected to publicly available electronic communications networks or make use of electronic communications services as a basic infrastructure, the relevant provisions of Directive 2002/58/EC, including those on security, traffic and location data and on confidentiality, should apply. (28) Technological progress allows the development of new applications based on devices for data collection and identification, which may be contactless devices using radio frequencies. For example, Radio Frequency Identification Devices (RFID) use radio frequencies to capture data from uniquely identified tags, which can then be transferred over existing communications networks. The wide use of such technologies can bring considerable economic and social benefits and thus make a powerful contribution to the internal market if their use is acceptable to citizens. To achieve that, it is necessary to ensure that all the fundamental rights of individuals, including the right to privacy and data protection, are safeguarded. When such devices are connected to publicly available electronic communications networks or make use of electronic communications services as a basic infrastructure, the relevant provisions of Directive 2002/58/EC, including those on security, traffic and location data and on confidentiality, should apply. (28) Technological progress allows the development of new applications based on devices for data collection and identification, which may be contactless devices using radio frequencies. For example, Radio Frequency Identification Devices (RFID) use radio frequencies to capture data from uniquely identified tags, which can then be transferred over existing communications networks. The wide use of such technologies can bring considerable economic and social benefits and thus make a powerful contribution to the internal market if their use is acceptable to citizens. To achieve that, it is necessary to ensure that all the fundamental rights of individuals, including the right to privacy and data protection, are safeguarded. When such devices are connected to publicly available electronic communications networks or make use of electronic communications services as a basic infrastructure, the relevant provisions of Directive 2002/58/EC, including those on security, traffic and location data and on confidentiality, should apply.

Article 4

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 4 − Security of processing Article 4 − Security of processing Article 4 − Security of processing
1. The provider of a publicly available electronic communications service must take appropriate technical and organisational measures to safeguard security of its services, if necessary in conjunction with the provider of the public communications network with respect to network security. Having regard to the state of the art and the cost of their implementation, these measures shall ensure a level of security appropriate to the risk presented. 1. The provider of a publicly available electronic communications service must take appropriate technical and organisational measures to safeguard security of its services, if necessary in conjunction with the provider of the public communications network with respect to network security. Having regard to the state of the art and the cost of their implementation, these measures shall ensure a level of security appropriate to the risk presented. 1. The provider of a publicly available electronic communications service must take appropriate technical and organisational measures to safeguard security of its services, if necessary in conjunction with the provider of the public communications network with respect to network security. Having regard to the state of the art and the cost of their implementation, these measures shall ensure a level of security appropriate to the risk presented.
1a. Without prejudice to the provisions of Directive 95/46/EC, these measures shall include: 1a. Without prejudice to the provisions of Directive 95/46/EC and Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (OJ L 105, 13.4.2006, p. 54.), these measures shall include: 1a. Without prejudice to the provisions of Directive 95/46/EC, these measures shall include:
- ensure that personal data can be accessed only by authorised personnel for legally authorised purposes; - appropriate technical and organisational measures to ensure that personal data can be accessed only by authorised personnel for legally authorised purposes and to protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration and unauthorised or unlawful storage, processing, access or disclosure; - ensure that personal data can be accessed only by authorised personnel for legally authorised purposes;
- protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure; and - appropriate technical and organisational measures to protect the network and services against accidental, unlawful destruction, accidental loss or alteration, or unauthorised usage or interference with or hindering of their functioning or availability; - protect personal data stored or transmitted against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure; and
- implement a security policy with respect to the processing of personal data. - implement a security policy with respect to the processing of personal data; - implement a security policy with respect to the processing of personal data.
- a process for identifying and assessing reasonably foreseeable vulnerabilities in the systems maintained by the provider of electronic communications services, which shall include regular monitoring for security breaches; and
- a process for taking preventive, corrective and mitigating action against any vulnerabilities discovered in the process described under the fourth indent and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach.
1b. National regulatory authorities shall be able to audit the measures taken by providers of publicly available electronic communication services and to issue recommendations about best practices concerning the level of security which these measures should achieve. 1b. National regulatory authorities shall be able to audit the measures taken by providers of publicly available electronic communication services and information society services and to issue recommendations about best practices and performance indicators concerning the level of security which these measures should achieve. 1b. National regulatory authorities shall be able to audit the measures taken by providers of publicly available electronic communication services and to issue recommendations about best practices concerning the level of security which these measures should achieve.
2. In case of a particular risk of a breach of the security of the network, the provider of a publicly available electronic communications service must inform the subscribers concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies, including an indication of the likely costs involved. 2. In case of a particular risk of a breach of the security of the network, the provider of a publicly available electronic communications service must inform the subscribers concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies, including an indication of the likely costs involved. 2. In case of a particular risk of a breach of the security of the network, the provider of a publicly available electronic communications service must inform the subscribers concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies, including an indication of the likely costs involved.
3. In the case of a personal data breach, the provider of publicly available electronic communications services shall, without undue delay, notify the national regulatory authority or the competent authority according to the individual law of the Member State and the subscriber or individual concerned of such a breach, subject to paragraphs 3a and 3b below.. The notification to the subscriber or individual concerned shall at least describe the nature of the breach and the contact points where more information can be obtained, and shall recommend measures to mitigate possible negative effects of the personal data breach. The notification to the competent authority shall, in addition, describe the consequences of the personal data breach and the measures proposed or taken by the provider to address the breach. 3. In the case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available communications services in the Community, the provider of publicly available electronic communications services, as well as any undertaking operating on the internet and providing services to consumers, which is the data controller and the provider of information society services shall, without undue delay, notify the national regulatory authority or the competent authority according to the individual law of the Member State and the subscriber or individual concerned of such a breach. The notification to the competent authority shall at least describe the nature of the breach and the contact points where more information can be obtained, and shall recommend measures to mitigate its possible negative effects. The notification to the competent authority shall, in addition, describe the consequences of the personal data breach and the measures proposed or taken by the provider to address the breach. 3. In the case of a personal data breach the provider of publicly available electronic communications services concerned shall, assess the scope of the personal data breach, evaluate its seriousness and consider whether notification to the subscriber or individual concerned shall at least describe the nature of the breach and the contact points where more information can be obtained, and shall recommend measures to mitigate possible negative effects of the personal data breach to the competent national authority shall, in addition, describe the consequences of the personal data breach and subscriber concerned is necessary, taking into account the relevant rules set by the competent national authority in accordance with paragraph 3a.
3a. Notification of a personal data breach to a subscriber or individual concerned shall not be required if the provider of publicly available electronic communications services has demonstrated to the satisfaction of the competent authority that no harm to the rights and interests of consumers is reasonably likely to occur as a result of the personal data breach. The provider of publicly available electronic communications services, as well as any undertaking operating on the Internet and providing services has demonstrated to consumers, which is the data controller and the provider of information society services, shall notify their users beforehand to avoid imminent and direct danger to the rights and interests of consumers. When the personal data breach represents a serious risk for subscriber's privacy, the provider of publicly available electronic communications services concerned shall notify the satisfaction of the competent national authority that no harm to the rights and the subscriber concerned of such a breach without undue delay.
3b. Notification of a personal data breach to a subscriber or individual concerned shall not be required if the provider has demonstrated to the satisfaction of the competent authority that it has implemented appropriate technological protection measures, and those measures were applied to the data concerned by the security breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access the data. 3b. Notification of a security breach to a subscriber or individual concerned shall not be required if the provider has demonstrated to the satisfaction of the competent authority that it has implemented appropriate technological protection measures, and those measures were applied to the data concerned by the security breach. Such technological protection measures shall render the data unintelligible to any person who is not authorized to access the data. The notification to the subscriber shall at least describe the nature of the personal data breach and the contact points where more information can be obtained, and it shall recommend measures to mitigate possible negative effects of the personal data breach. The notification to the competent national authority shall, in addition, describe the consequences of and those measures were applied to the measures proposed or taken by the provider to address the personal data breach.
3c. Member States shall ensure that the competent national authority is able to set detailed rules and, where necessary, issue instructions concerning the circumstances when the notification of personal data breaches by the provider of a publicly available electronic communications service is required, in compliance with paragraphs 3a and 3b, the format applicable to such notification, as well as the manner in which the notification is made. Competent national authorities shall also monitor whether companies have complied with their notification obligations under this Article and impose appropriate sanctions and remedies, including publication, as appropriate, in the event of a failure to do so. 3c. Member States shall ensure that the competent national authority is able to set detailed rules and, where necessary, issue instructions concerning the circumstances when the notification of personal data breaches by the provider of a publicly available electronic communications service is required, in compliance with paragraphs 3a and 3b, the format applicable to such notification, as well as the manner in which the notification is made. Competent national authorities shall also monitor whether companies have complied with their notification obligations under this Article and impose appropriate sanctions and remedies, including publication, as appropriate, in the event of a failure to do so. 3c. Member States shall ensure that the competent national authority is able to set detailed rules and, where necessary, issue instructions concerning the circumstances when the notification of personal data breaches by the provider of a publicly available electronic communications service is required, in compliance with paragraphs 3a and 3b, the format applicable to such notification, as well as the manner in which the notification is made. Competent national authorities shall also monitor whether companies have complied with their notification obligations under this Article and impose appropriate sanctions and remedies, including publication, as appropriate, in the event of a failure to do so.
(29) A breach of security resulting in the loss or compromising of personal data of a subscriber or individual may, if not addressed in an adequate and timely manner, result in substantial harm to users, such as economic loss, social harm or identity theft. Therefore, subscribers concerned by such security incidents should be notified by the relevant service provider of every security breach without delay in order to be able to take the necessary precautions. In particular, in cases where there is an imminent and direct danger for consumers' rights and interests (such as in cases of unauthorised access to the content of e-mails, access to credit card records, etc.), it is essential that the relevant service providers notify affected users immediately. Providers should also notify affected users once a year of all breaches of security under this Directive that occurred during the preceding twelve months. The notification to the national authorities and to users should include information about measures taken by the provider to address the breach, as well as recommendations for the protection of the users affected. (29) A breach of security resulting in the loss or compromising of personal data of a subscriber or individual may, if not addressed in an adequate and timely manner, result in substantial harm to users. Therefore, the national regulatory authority or other competent national authority should be notified by the relevant service provider of every security breach without delay. The competent authority should determine the seriousness of the breach and should require the relevant service providers to give an appropriate notification without undue delay in order to be able to take the persons affected by the breach, as appropriate. Furthermore, and in cases where there is an imminent and direct danger for consumers' rights and interests (such as in cases of unauthorized access to the content of e-mails, access to credit card records, etc.), it is essential that the relevant service providers should, in addition to the competent national authorities, immediately notify affected users directly. Finally, providers should annually notify affected users once a year of all breaches of security under this Directive that occurred during the relevant time period. The notification to the national authorities and to users should include information about measures taken by the provider to address the breach, as well as recommendations for the protection of the users affected. (29) A breach of security resulting in the loss or compromising of personal data of an individual subscriber may, if not addressed in an adequate and timely manner, result in substantial harm to users, such as economic loss and social harm, including identity fraud. Therefore, as soon as the provider of publicly available electronic communications service becomes aware that such breach has occurred it should assess the risks associated with it, e.g. by establishing the type of data affected by the breach (including their sensitivity, context and security measures in place), the cause and extent of the security breach, the number of subscribers affected, and the possible harm for subscribers as a result of the breach (e.g. identity theft, financial loss, loss of business or employment opportunities, physical harm). The subscribers concerned by such security incidents that could result in a serious risk to subscriber's privacy (e.g. identity theft or fraud, physical harm, significant humiliation or damage of reputation), should be notified by the relevant service provider of every security breach without delay in order to be able to take the necessary precautions. In particular, in cases where there is an imminent and direct danger for consumers' rights and interests (such as in cases of unauthorised access to the content of e-mails, access to credit card records, etc.), it is essential that the relevant service providers notify affected users immediately. Providers should also notify affected users once a year of all breaches of security under this Directive that occurred during the preceding twelve months. The notification to the national authorities and to users should include information about measures taken by the provider to address the breach, as well as recommendations for the users affected. otification of a security breach to a subscriber should not be required if the provider has demonstrated to the competent authority that it has implemented appropriate technological protection measures, and those measures were applied to the data concerned by the security breach. Such technological protection measures shall render the data unintelligible to any person who is not authorized to access the data.''
3a. The competent authority shall consider and determine the seriousness of the breach. If the breach is deemed to be serious, the competent authority shall require the provider of publicly available electronic communications services and the provider of information society services to give an appropriate notification without undue delay to the persons affected by the breach. The notification shall contain the elements described in paragraph 3. 3a. Member States shall ensure that the competent national authority is able to set detailed rules and, where necessary, issue instructions concerning the circumstances when the notification of personal data breaches by the provider of a publicly available electronic communications service is required, the format applicable to such notification as well as the manner in which the notification is done.
The notification of a serious breach may be postponed in cases where the notification may hinder the progress of a criminal investigation related to the serious breach.
Providers shall annually notify affected users of all breaches of security that have led to the accidental or unlawful destruction, loss or alteration or the unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available communications services in the Community.
National regulatory authorities shall also monitor whether companies have complied with their notification obligations under this Article and impose appropriate sanctions, including publication, as appropriate, in the event of a failure to do so.
3b. The seriousness of a breach requiring notification to subscribers shall be determined according to the circumstances of the breach, such as the risk to the personal data affected by the breach, the type of data affected by the breach, the number of subscribers involved, and the immediate or potential impact of the breach on the provision of services.
4. In order to ensure consistency in implementation of the measures referred to in paragraph 1, 2, 3 and 3a, the Commission may, following consultation with the European Network and Information Security Agency, the Article 29 Working Party and the European Data Protection Supervisor, adopt recommendations concerning inter alia the circumstances, format and procedures applicable to information and notification requirements referred to in this Article.
4. In order to ensure consistency in implementation of the measures referred to in paragraphs 1 to 3d, the Commission may, following consultation with the European Data Protection Supervisor, the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, relevant stakeholders and ENISA, adopt technical implementing measures concerning inter alia the measures set out in paragraph 1a and the circumstances, format and procedures applicable to information and notification requirements referred to in paragraphs 3a to 3d. 4. In order to ensure consistency in implementation of the measures referred to in paragraphs 1 to 3b, the Commission shall, following consultation with the European Data Protection Supervisor, the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, relevant stakeholders and ENISA, recommend technical implementing measures concerning inter alia the measures set out in paragraph 1a and the circumstances, format and procedures applicable to information and notification requirements referred to in paragraphs 3a and 3b. 4. In order to ensure consistency in implementation of the measures referred to in paragraphs 1 to 3d, the Commission may, following consultation with the European Data Protection Supervisor, the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC, relevant stakeholders and ENISA, adopt technical implementing measures concerning inter alia the measures set out in paragraph 1a and the circumstances, format and procedures applicable to information and notification requirements referred to in paragraphs 3a to 3d.
The Commission shall involve all relevant stakeholders, particularly in order to be informed of the best available technical and economic methods for improving the implementation of this Directive. The Commission shall involve all relevant stakeholders, particularly in order to be informed of the best available technical and economic methods for improving the implementation of this Directive. The Commission shall involve all relevant stakeholders, particularly in order to be informed of the best available technical and economic methods for improving the implementation of this Directive.
Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a (2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a (3). Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a (2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a (3). Those measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a (2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a (3).

Article 5

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 5 − Confidentiality of the communications Article 5 − Confidentiality of the communications Article 5 − Confidentiality of the communications
1. Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorised to do so in accordance with Article 15(1). This paragraph shall not prevent technical storage which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality. 1. Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorised to do so in accordance with Article 15(1). This paragraph shall not prevent technical storage which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality. 1. Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorised to do so in accordance with Article 15(1). This paragraph shall not prevent technical storage which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality.
2. Paragraph 1 shall not affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication. 2. Paragraph 1 shall not affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication. 2. Paragraph 1 shall not affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.
3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user. 3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user, either directly or indirectly by means of any kind of storage medium, is prohibited unless the subscriber or user concerned has given his/her prior consent, taking into account that browser settings constitute prior consent, and is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing, and is offered the right to refuse such processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communication network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user. 3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user.

Article 6

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 6 − Traffic data Article 6 − Traffic data Article 6 − Traffic data
1. Traffic data relating to subscribers and users processed and stored by the provider of a public communications network or publicly available electronic communications service must be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication without prejudice to paragraphs 2, 3 and 5 of this Article and Article 15(1). 1. Traffic data relating to subscribers and users processed and stored by the provider of a public communications network or publicly available electronic communications service must be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication without prejudice to paragraphs 2, 3 and 5 of this Article and Article 15(1). 1. Traffic data relating to subscribers and users processed and stored by the provider of a public communications network or publicly available electronic communications service must be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication without prejudice to paragraphs 2, 3, 5 and 6a of this Article and Article 15(1).
2. Traffic data necessary for the purposes of subscriber billing and interconnection payments may be processed. Such processing is permissible only up to the end of the period during which the bill may lawfully be challenged or payment pursued. 2. Traffic data necessary for the purposes of subscriber billing and interconnection payments may be processed. Such processing is permissible only up to the end of the period during which the bill may lawfully be challenged or payment pursued. 2. Traffic data necessary for the purposes of subscriber billing and interconnection payments may be processed. Such processing is permissible only up to the end of the period during which the bill may lawfully be challenged or payment pursued.
3. For the purpose of marketing electronic communications services or for the provision of value added services, the provider of a publicly available electronic communications service may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if the subscriber or user to whom the data relate has given his/her prior consent. Users or subscribers shall be given the possibility to withdraw their consent for the processing of traffic data at any time. 3. For the purpose of marketing electronic communications services or for the provision of value added services, the provider of a publicly available electronic communications service may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if the subscriber or user to whom the data relate has given his/her prior consent. Users or subscribers shall be given the possibility to withdraw their consent for the processing of traffic data at any time. 3. For the purpose of marketing electronic communications services or for the provision of value added services, the provider of a publicly available electronic communications service may process the data referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if the subscriber or user to whom the data relate has given his/her prior consent. Users or subscribers shall be given the possibility to withdraw their consent for the processing of traffic data at any time.
4. The service provider must inform the subscriber or user of the types of traffic data which are processed and of the duration of such processing for the purposes mentioned in paragraph 2 and, prior to obtaining consent, for the purposes mentioned in paragraph 3. 4. The service provider must inform the subscriber or user of the types of traffic data which are processed and of the duration of such processing for the purposes mentioned in paragraph 2 and, prior to obtaining consent, for the purposes mentioned in paragraph 3. 4. The service provider must inform the subscriber or user of the types of traffic data which are processed and of the duration of such processing for the purposes mentioned in paragraph 2 and, prior to obtaining consent, for the purposes mentioned in paragraph 3.
5. Processing of traffic data, in accordance with paragraphs 1, 2, 3 and 4, must be restricted to persons acting under the authority of providers of the public communications networks and publicly available electronic communications services handling billing or traffic management, customer enquiries, fraud detection, marketing electronic communications services or providing a value added service, and must be restricted to what is necessary for the purposes of such activities. 5. Processing of traffic data, in accordance with paragraphs 1, 2, 3 and 4, must be restricted to persons acting under the authority of providers of the public communications networks and publicly available electronic communications services handling billing or traffic management, customer enquiries, fraud detection, marketing electronic communications services or providing a value added service, and must be restricted to what is necessary for the purposes of such activities. 5. Processing of traffic data, in accordance with paragraphs 1, 2, 3 and 4, must be restricted to persons acting under the authority of providers of the public communications networks and publicly available electronic communications services handling billing or traffic management, customer enquiries, fraud detection, marketing electronic communications services or providing a value added service, and must be restricted to what is necessary for the purposes of such activities.
6. Paragraphs 1, 2, 3 and 5 shall apply without prejudice to the possibility for competent bodies to be informed of traffic data in conformity with applicable legislation with a view to settling disputes, in particular interconnection or billing disputes. 6. Paragraphs 1, 2, 3 and 5 shall apply without prejudice to the possibility for competent bodies to be informed of traffic data in conformity with applicable legislation with a view to settling disputes, in particular interconnection or billing disputes. 6. Paragraphs 1, 2, 3 and 5 shall apply without prejudice to the possibility for competent bodies to be informed of traffic data in conformity with applicable legislation with a view to settling disputes, in particular interconnection or billing disputes.
6a. Traffic data may be processed for the legitimate interest of the data controller for the purpose of implementing technical measures to ensure the network and information security, as defined by Article 4(c) of Regulation (EC) 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (OJ L 77, 13.3.2004, p. 1.), of a public electronic communication service, a public electronic communications network or related terminal and electronic communication equipment, except where such interests are overridden by the interests of the fundamental rights and freedoms of the data subject. Such processing shall be restricted to that which is strictly necessary for the purposes of such security activity. 6a. Without prejudice to compliance with the provisions other than Article 7 of Directive 95/46/EC and Article 5 of this Directive, traffic data may be processed for the legitimate interest of the data controller for the purpose of implementing technical measures to ensure the network and information security, as defined by Article 4 (c) of Regulation (EC) 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (OJ L 77, 13.3.2004, p. 1.), of a public electronic communication service, a public or private electronic communications network, an information society service or related terminal and electronic communication equipment, except where such interests are overridden by the interests for the fundamental rights and freedoms of the data subject. Such processing must be restricted to that which is strictly necessary for the purposes of such security activity. 6a. Traffic data may be processed to the extent strictly necessary to ensure the network and information security, as defined by Article 4(c) of Regulation (EC) 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency.
(26b) The processing of traffic data for the purpose of ensuring network and information security, including ensuring the availability, authenticity, integrity and confidentiality of stored or transmitted data, by providers of security services acting as data controllers would, under normal circumstances, be considered to be for the legitimate interest of the data controller within the meaning of Article 7(f) of Directive 95/46/EC. This could for example include preventing unauthorized access to electronic communications networks, or denial of service attacks. (26b) The processing of traffic data for the purpose of ensuring network and information security purposes, ensuring the availability, authenticity, integrity and confidentiality of stored or transmitted data will enable the processing of such data controllers would, under normal circumstances, be considered to be for the legitimate interest of the data controller for the purpose of Article 7(f) of Directive 95/46/EC. This could for example include preventing unauthorized access and malicious code distribution, stopping the denial of service attacks, and damages to computer and electronic communication systems. The European Network and Information Security Agency (ENISA) should publish regular studies with the purpose of illustrating the types of processing allowed under Article 6 of this Directive.'' ''(26a) The processing of traffic data to the extent strictly necessary for the detection, location and elimination of faults and malfunctions of the network and information security purposes, ensuring the availability, authenticity, integrity and confidentiality of stored or transmitted data, will help prevent unauthorized access and malicious code distribution, denial of service attacks, and damages to computer and electronic communication systems.''

Article 14

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 14 − Technical features and standardisation Article 14 − Technical features and standardisation Article 14 − Technical features and standardisation
1. In implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs 2 and 3, that no mandatory requirements for specific technical features are imposed on terminal or other electronic communication equipment which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States. 1. In implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs 2 and 3, that no mandatory requirements for specific technical features are imposed on terminal or other electronic communication equipment which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States. 1 In implementing the provisions of this Directive, Member States shall ensure, subject to paragraphs 2 and 3, that no mandatory requirements for specific technical features are imposed on terminal or other electronic communication equipment which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
2. Where provisions of this Directive can be implemented only by requiring specific technical features in electronic communications networks, Member States shall inform the Commission in accordance with the procedure provided for by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services(9). 2. Where provisions of this Directive can be implemented only by requiring specific technical features in electronic communications networks, Member States shall inform the Commission in accordance with the procedure provided for by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services(9). 2. Where provisions of this Directive can be implemented only by requiring specific technical features in electronic communications networks, Member States shall inform the Commission in accordance with the procedure provided for by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services.
3. Where required, measures may be adopted to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications. 3. Where required, measures may be adopted to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications. Such measures shall respect the principle of technology neutrality. 3. Where required, measures may be adopted to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications.
(35b) Where measures aiming to ensure that terminal equipment is constructed so as to safeguard the protection of personal data and privacy are adopted pursuant to Directive 1999/5/EC or Council Decision 87/95/EEC, such measures should respect the principle of technology neutrality to the greatest extent possible. (35b) Where measures aiming to ensure that terminal equipment is constructed so as to safeguard the protection of personal data and privacy are adopted pursuant to Directive 1999/5/EC or Council Decision 87/95/EEC, such measures should respect the principle of technology neutrality to the greatest extent possible. (35b) Where measures aiming to ensure that terminal equipment is constructed so as to safeguard the protection of personal data and privacy are adopted pursuant to Directive 1999/5/EC or Council Decision 87/95/EEC, such measures should respect the principle of technology neutrality to the greatest extent possible.

Article 15

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 15 − Application of certain provisions of Directive 95/46/EC Article 15 − Application of certain provisions of Directive 95/46/EC Article 15 − Application of certain provisions of Directive 95/46/EC
1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be 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. 1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be 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. 1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be 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.
1a. Paragraph 1 shall not apply to data specifically required by Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks to be retained for the purposes referred to in Article 1(1) of that Directive.
1b. Providers of publicly available communications services shall notify the supervisory authority established in accordance with Article 28 of Directive 95/46/EC, without undue delay, of all requests for access to users" personal data received pursuant to paragraph 1, including the legal justification given and the legal procedure followed for each request; the supervisory authority concerned shall notify the appropriate judicial authorities of those cases in which it deems that the relevant provisions of national law have not been complied with. 1b. Providers of publicly available communications services and providers of information society services shall notify the independent data protection authorities, without undue delay, of all requests for access to users" personal data received pursuant to paragraph 1, including the legal justification given and the legal procedure followed for each request; the independent data protection authority concerned shall notify the appropriate judicial authorities of those cases in which it deems that the relevant provisions of national law have not been complied with. 1b. Providers of publicly available communications services shall notify the supervisory authority established in accordance with Article 28 of Directive 95/46/EC, without undue delay, of all requests for access to users" personal data received pursuant to paragraph 1, including the legal justification given and the legal procedure followed for each request; the supervisory authority concerned shall notify the appropriate judicial authorities of those cases in which it deems that the relevant provisions of national law have not been complied with.
2. The provisions of Chapter III on judicial remedies, liability and sanctions of Directive 95/46/EC shall apply with regard to national provisions adopted pursuant to this Directive and with regard to the individual rights derived from this Directive. 2. The provisions of Chapter III on judicial remedies, liability and sanctions of Directive 95/46/EC shall apply with regard to national provisions adopted pursuant to this Directive and with regard to the individual rights derived from this Directive. 2. The provisions of Chapter III on judicial remedies, liability and sanctions of Directive 95/46/EC shall apply with regard to national provisions adopted pursuant to this Directive and with regard to the individual rights derived from this Directive.
3. The Working Party on the Protection of Individuals with regard to the Processing of Personal Data instituted by Article 29 of Directive 95/46/EC shall also carry out the tasks laid down in Article 30 of that Directive with regard to matters covered by this Directive, namely the protection of fundamental rights and freedoms and of legitimate interests in the electronic communications sector. 3. The Working Party on the Protection of Individuals with regard to the Processing of Personal Data instituted by Article 29 of Directive 95/46/EC shall also carry out the tasks laid down in Article 30 of that Directive with regard to matters covered by this Directive, namely the protection of fundamental rights and freedoms and of legitimate interests in the electronic communications sector. 3. The Working Party on the Protection of Individuals with regard to the Processing of Personal Data instituted by Article 29 of Directive 95/46/EC shall also carry out the tasks laid down in Article 30 of that Directive with regard to matters covered by this Directive, namely the protection of fundamental rights and freedoms and of legitimate interests in the electronic communications sector.

Article 15a

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 15a − Implementation and enforcement Article 15a − Implementation and enforcement Article 15a − Implementation and enforcement
1. Member States shall lay down the rules on penalties, including penal sanctions where appropriate, applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the [time limit for implementation of the amending act] at the latest and shall notify it without delay of any subsequent amendment affecting them. 1. Member States shall lay down the rules on penalties, including penal sanctions where appropriate, applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the [time limit for implementation of the amending act] at the latest and shall notify it without delay of any subsequent amendment affecting them. 1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and may be applied to cover the period of any breach, even if the breach has subsequently been rectified. The Member States shall notify those provisions to the Commission by the <time-limit for implementation of the amending act> at the latest and shall notify it without delay of any subsequent amendment affecting them.
2. Without prejudice to any judicial remedy which might be available, Member States shall ensure that the national regulatory authority has the power to order the cessation of the infringements referred to in paragraph 1. 2. Without prejudice to any judicial remedy which might be available, Member States shall ensure that the national regulatory authority has the power to order the cessation of the infringements referred to in paragraph 1. 2. Without prejudice to any judicial remedy which might be available, Member States shall ensure that the competent national regulatory authority and, where relevant, other national bodies have the power to order the cessation of the infringements referred to in paragraph 1.
3. Member States shall ensure that national regulatory authorities have all the investigative powers and resources necessary, including the possibility to obtain any relevant information they might need to monitor and enforce national provisions adopted pursuant to this Directive. 3. Member States shall ensure that national regulatory authorities have all the investigative powers and resources necessary, including the possibility to obtain any relevant information they might need to monitor and enforce national provisions adopted pursuant to this Directive. 3. Member States shall ensure that competent national regulatory authorities and, where relevant, other national bodies have all the investigative powers and resources necessary, including the possibility to obtain any relevant information they might need to monitor and enforce national provisions adopted pursuant to this Directive.
4. In order to ensure effective cross-border co-operation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows, the Commission may adopt technical implementing measures, following consultation with the Working Party on the Protection of Individuals with regard to the Procesing of Personal Data established by the Article 29 of Directive 95/46/EC ("Article 29 Data Protection Working Party"), the relevant regulatory authorities and, where appropriate, ENISA. 4. In order to ensure effective cross-border co-operation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows, the Commission may adopt technical implementing measures, following consultation with ENISA, the Working Party on the Protection of Individuals with regard to the Procesing of Personal Data established by the Article 29 of Directive 95/46/EC ("Article 29 Data Protection Working Party and the relevant regulatory authorities. 4. In order to ensure effective cross-border co-operation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows, the Commission may adopt recommendations, following consultation with ENISA, the Working Party on the Protection of Individuals with regard to the Procesing of Personal Data established by the Article 29 of Directive 95/46/EC ("Article 29 Data Protection Working Party and the relevant regulatory authorities.
The measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a (2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a (3). The measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a (2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a (3). The measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a (2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a (3).
(26c) When defining the implementing measures on the security of processing, in accordance with the regulatory procedure with scrutiny, the Commission should consult all relevant European authorities and organisations (ENISA, the European Data Protection Supervisor and the Article 29 Working Party) as well as all other relevant stakeholders, particularly in order to be informed of the best available technical and economic methods for improving the implementation of Directive 2002/58/EC. (26c) When defining the implementing measures on the security of processing, in accordance with the regulatory procedure with scrutiny, the Commission should consult all relevant European authorities and organisations (ENISA, the European Data Protection Supervisor and the Article 29 Working Party) as well as all other relevant stakeholders, particularly in order to be informed of the best available technical and economic methods for improving the implementation of Directive 2002/58/EC. (26c) When defining the implementing measures on the security of processing, in accordance with the regulatory procedure with scrutiny, the Commission should consult all relevant European authorities and organisations (ENISA, the European Data Protection Supervisor and the Article 29 Working Party) as well as all other relevant stakeholders, particularly in order to be informed of the best available technical and economic methods for improving the implementation of Directive 2002/58/EC.
''(30a) When implementing measures transposing Directive 2002/58/EC, the authorities and courts of the Member States should not only interpret their national law in a manner consistent with that Directive, but should also ensure that they do not rely on an interpretation of that Directive which would be in conflict with other fundamental rights or general principles of Community law, such as the principle of proportionality.''
(36) The need to ensure an adequate level of protection of privacy and personal data transmitted and processed in connection with the use of electronic communications networks in the Community calls for effective implementation and enforcement powers in order to provide adequate incentives for compliance. National regulatory authorities should have sufficient powers and resources to investigate cases of non-compliance effectively, including the possibility to obtain any relevant information they might need, to decide on complaints and to impose sanctions in cases of non-compliance. (36) The need to ensure an adequate level of protection of privacy and personal data transmitted and processed in connection with the use of electronic communications networks in the Community calls for effective implementation and enforcement powers in order to provide adequate incentives for compliance. National regulatory authorities should have sufficient powers and resources to investigate cases of non-compliance effectively, including the possibility to obtain any relevant information they might need, to decide on complaints and to impose sanctions in cases of non-compliance. (36) The need to ensure an adequate level of protection of privacy and personal data transmitted and processed in connection with the use of electronic communications networks in the Community calls for effective implementation and enforcement powers in order to provide adequate incentives for compliance. Competent national authorities and, where appropriate, other relevant national bodies should have sufficient powers and resources to investigate cases of non-compliance effectively, including the possibility to obtain any relevant information they might need, to decide on complaints and to impose sanctions in cases of non-compliance.
''(36a) Implementation and enforcement of the provisions of this Directive often require cooperation between the national regulatory authorities of two or more Member States, for example in combating cross-border spam and spyware. In order to ensure smooth and rapid cooperation in those cases, procedures relating for example to the quantity and format of the information exchanged between authorities or the deadlines to be complied with should be defined in recommendations. Such procedures will also allow the resulting obligations on market actors to be harmonised, contributing to the creation of a level playing field in the Community.''

Article 18

European Commission Amended Proposal European Parliament First Reading Council of European Union Political Agreement
Article 18 − Review Article 18 − Review Article 18 − Review
Not later than three years after By ... (Two years from the date of entry into force of this Directive.), the Commission shall submit to the European Parliament and the Council, having consulted the Article 29 Working Party and the European Data Protection Supervisor, a report on the application of this Directive and its impact on economic operators and consumers, in particular as regards the provisions on unsolicited communications, breach notifications and the use of personal data by public or private third parties for purposes not covered by this Directive, taking into account the international environment. For this purpose, the Commission may request information from the Member States, which shall be supplied without undue delay. Where appropriate, the Commission shall submit proposals to amend this Directive, taking account of the results of that report, any changes in the sector, the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (OJ C 306, 17.12.2007, p. 1.), in particular the new competences in matters of data protection as laid down in Article 16, and any other proposal it may deem necessary in order to improve the effectiveness of this Directive. Not later than three years after
No later than two years from the date of entry into force of Directive 2008/.../EC [amending Directive 2002/22/EC on universal service and users" rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on consumer protection cooperation], the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report, based on an in-depth study, with recommendations on standard uses of IP addresses and the application of the ePrivacy and Data Protection Directives as regards their collection and further processing, following the consultation of the EDPS, the Article 29 Working Party, and other stakeholders to include industry representatives.