On April 11, 2016, the Commission published the Public Consultation on the Evaluation and Review of the ePrivacy Directive, seeking stakeholders feedback on the Directive on Privacy and Electronic Communications, (ePrivacy Directive).  The ePrivacy Directive is a set of rules dictating how providers of electronic communication services–i.e. telecommunications companies, Internet Service Providers–should manage their subscribers’ data and guaranteeing rights for the subscribers who use these services. The Commission will use the feedback from the consultation to prepare a new legislative proposal on ePrivacy, which is expected by the end of 2016.

The main requirements imposed by the Directive include:

  1. Confidential communications: EU Member States must protect confidential communications over public networks by prohibiting non-consented listening, tapping and storage of communications.
  2. Network security: Public electronic communications service providers must safeguard their services’ security.
  3. Data breach notifications: Providers suffering security breaches in which personal data is disclosed to an unauthorized third party must inform the national authority and, in certain cases, the affected individuals.
  4. Traffic and location data: This data must be erased or made anonymous when no longer required for communication or billing purposes, except if the subscriber has given consent for another use.
  5. Spam: Subscribers must give their prior consent before unsolicited commercial communications are addressed to them. This also covers SMS text messages and other electronic messages received on any fixed or mobile terminal.
  6. Public directories: Subscribers’ prior consent is required in order for their telephone numbers, e-mail addresses and postal addresses to appear in public directories.
  7. Calling-line identification: Subscribers must be given the option not to have their telephone number disclosed when they make a call.

At a panel during the American Bar Association, Section of Antitrust Law, Spring Meeting in Washington DC on April 7, 2016, Abigail Slater–Vice President of Legal and Regulatory Policy for The Internet Association–expressed concerns that such consultations indicate the Commission intends to regulate online platforms through DSM.   However, Andrea Glorioso, the Commission’s Counsellor for the Digital Economy and Cyber, also spoke on the panel and denied the Commission possesses such intent.

Relevant Documents: