2022-03-23-trilogue-e-privacy-4-colonnes
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments providers shall give users correct and delete such data. the directory. When the means to verify, correct, providers of number-based update, supplement and interpersonal delete such data as communications services determined by the provider obtain consent of [end- of the directory. When users/users], they shall electronic communication make the relevant data service providers obtain available for publicly consent of users, they shall available as determined by give end-users who are the provider of the directory natural persons the means providers. Providers shall to verify, correct and delete give end-users who are such datamake users' data natural personsof publicly available for public available directories and directory providers in an number-based immediate, non- interpersonal discriminatory and fair communications services manner. shall give [end-users/users] the means to verify, correct AM 128 and delete such datarectify , update, supplement and erase such data. The providers of publicly available directories and number-based interpersonal communications services shall provide [end-users/users] with the possibility to withdraw their consent to data related to them being included in the directory. Article 15(1a) G G 155a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 41/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments 1a. Notwithstanding 1a. Notwithstanding 1a. EP proposal 15 paragraph 1, Member paragraph 1, Member December provisionally States may provide by law States that on ... [OJ please agreed that the inclusion of insert the date of entry into personal data of an end- force of this Regulation] To be accompanied by a user who is a natural provide by law that the corresponding recital. person in a publicly personal data of [end- available directory can users/users] who are take place provided that natural persons may be he end-user who is a included in a publicly natural person shall have available directory may the right to object to such maintain such law provided inclusion. that [end-users/users] who are natural persons have the right to object to their personal data being included. Text Origin: Comments Article 15(2) G G 156 2. The providers of a 2. The providers of a 2. The providers of a 2. The providers of a publicly available directory publicly available directory publicly available publicly available shall inform end-users who shall inform end-users who directorynumber-based directorydirectories shall are natural persons whose are natural personsusers interpersonal inform end-users who are personal data are in the whose personal data are in communications services natural directory of the available the directory of the available shall inform end-users who persons[end-users/users] search functions of the search functions of the are natural persons whose whose personal data are in directory and obtain end- directory and obtain end- personal data are in the the directory of the users’ consent before users’ consent before directory of the available available search functions enabling such search enablingprovide the users search functions ofany ofany search function that functions related to their the option to disable such search function that is not is not based on the name in own data. search functions related to based on name or number the directory and obtain their own data. in the directory and obtain [end-users’/users'] consent end-users’the consent of before enabling such search Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 42/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments AM 129 end-users’ before enabling functions related to their such search functions own data. related to their own data. Article 15(3) 3. The providers of publicly 3. The providers of publicly 3. The providers of publicly 3. The providers of publicly 3. both EP and CSL agree available directories shall available available available that whatever term is agreed provide end-users that are directorieselectronic directoriesnumber-based directoriesnumber-based on in this paragraph, it shall legal persons with the communication service interpersonal interpersonal cover legal persons only possibility to object to data providers shall provide end- communications services communications services related to them being users that are legal persons shall provide end-users that providers shall provide included in the directory. with the possibility to object are legal persons with the [end-users that are legal Providers shall give such to data related to them being possibility to object to data persons] with the possibility end-users that are legal included in the directory. related to them being to object to data related to persons the means to verify, Electronic communication included in the directory. them being included in the correct and delete such data. service providers shall give Providers shall give such directory. Providers of such end-users that are legal end-users that are legal publicly available persons the means to verify, persons the means to verify, directories and number- correct and delete such data. correct and delete such data. based interpersonal G 157 For the purposes of this communications services G Article, natural persons shall give such [end-users acting in a professional that are legal persons] the capacity, such as means to verify, correct and independent professionals, delete such data. For the operators of small purposes of this Article, businesses or freelancers, natural persons acting in a shall be equated with legal professional capacity, such persons, as regards their as independent data related to their professionals, operators of professional capacity. small businesses or freelancers, shall be treated AM 130 as legal persons, as regards their data related to their professional capacity. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 43/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 15(3a) 3a. The providers of TEXT Deleted here- see number-based Line 155 interpersonal communications services G 157a shall give end-users the G means to verify, correct and delete data included in a publicly available directory. Article 15(3aa) 3aa. Notwithstanding TEXT Deleted here- see paragraphs 1aa to 3a, Line 155 Member States may provide by law that the requirements under those paragraphs apply to G 157b G providers of publicly available directories, in addition to or instead of, providers of number- based interpersonal communications services. Article 15(4) 158 G G 4. The possibility for end- 4. Without prejudice to 4. The possibility for end- 4. The possibility for end- users not to be included in a Article 12(5) of Regulation users not to be included in a users[end-users/users] not publicly available directory, (EU) 2016/679, the publicly available directory, to be included in a publicly or to verify, correct and information to the users or to verify, correct and available directory, or to delete any data related to and the possibilityThe delete any data related to verify, correct and delete them shall be provided free possibility for end-users not them shall be provided free rectify , update, supplement Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 44/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments of charge. to be included in a publicly of charge. and erase any data related available directory, or to to them shall be provided verify, correct, update, free of charge, at any time, supplement and delete any and in an easily accessible data related to them shall be manner. It shall be as easy provided free of charge and to withdraw as to give in an easily accessible consent manner by the electronic communication services providers. AM 131 Article 15(4a) 158a G G 4a. Where the personal 4a. Where the personal 4a. Where the personal 4a. EP proposal 15 data of the users of data of the end-users of data of the December provisionally number- based number based [end-users/users] of accepted interpersonal interpersonal number-based communications services communications services interpersonal have been included in a have been included in a communications services publicly available directory publicly available have been included in a before this Regulation directory before this publicly available directory enters into force, the Regulation enters into before this Regulation personal data of such users force, the personal data of enters into force, the may remain included in a such end-users may personal data of such [end- publicly available directory, remain included in a users] may remain included including versions with publicly available in a publicly available search functions, unless the directory, including directory, including data in users have expressed their version with search addition to the name of the objection against their data functions, unless the end- [end-users], unless the being included in the users have expressed their [end-users/users] have directory or against objection against their expressed their objection available search functions data being included in the against their data being related to their data. directory or against the included in the directory or use of available search against the use of available Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 45/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments AM 132 functions related to their search functions related to data. their data. Article 16 Article 16 Article 16 Article 16 Article 16 Unsolicited communications Unsolicited communications Unsolicited and direct Unsolicited G 159 marketing communications communications for direct G marketing purposes communications Article 16(1) 1. Natural or legal persons 1. The use by natural or 1. Natural or legal persons 1. Natural or legal persons 1. CSL to check may use electronic legal persons may use of may useshall be prohibited may use shall be prohibited communications services for electronic communications from using electronic from using electronic the purposes of sending services, including communications services for communications services for direct marketing automated calling, the purposes of sending the purposes of sending communications to end- communications systems, direct marketing direct marketing users who are natural semi-automated systems communications to end- communications to end- persons that have given their that connect the call person users who are natural users who are natural consent. to an individual, faxes, e- persons thatunless they persons that unless they mail or other use of have given their prior have given their prior 160 electronic communications consent. consent. services for the purposes of presenting or sending direct marketing communications Text Origin: Council Mandate to end-users who are natural persons thatusers, shall be allowed only in respect of users who have given their prior consent. AM 133 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 46/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 16(2) 2. Where a natural or legal 2. Where a natural or legal 2. Notwithstanding 2. Notwithstanding 2. CLS to check person obtains electronic person obtains electronic paragraph 1, where a paragraph 1, where a contact details for electronic contact details for electronic natural or legal person natural or legal person Agreement regarding “similar mail from its customer, in mail from its customer, in obtains electronic contact obtains e-mail contact products” and reference to the context of the sale of a the context of the sale of a details for electronic mail details from its customer, in “Customer” product or a service, in product or a service, in from its customermessage the context of the sale of a accordance with Regulation accordance with Regulation from end-users who are product or a service, in - Open issue with “electronic (EU) 2016/679, that natural (EU) 2016/679, that natural natural persons, in the accordance with Regulation mail” vs. “electronic message” or legal person may use or legal person may use context of the salepurchase (EU) 2016/679, that natural Business relationship to be these electronic contact these electronic contact of a product or a service, in or legal person may use limited to e-mails. details for direct marketing details for direct marketing accordance with Regulation these electronic contact of its own similar products of its own similar products (EU) 2016/679, that natural details for direct marketing or services only if customers or services only if customers or legal person may use of its own similar products are clearly and distinctly are clearly and distinctly these electronic contact or services only if customers given the opportunity to given the opportunity to details for direct marketing are clearly and distinctly object, free of charge and in object, free of charge and in of its own similar products given the opportunity to an easy manner, to such use. an easy manner, to such use. or services only if object, free of charge and in Y 161 Y The right to object shall be The customer shall be customerssuch end-users an easy manner, to such use. given at the time of informed about the right to are clearly and distinctly The customer shall be collection and each time a object and shall be given an given the opportunity to informed about the right to message is sent. easy way to exercise it at the object, free of charge and in object and shall be given an time of collection and each an easy manner, to such use. easy way to exercise it at the time a message is sent. The right to object shall be time of collection and each given at the time of time a message is sent AM 134 collection of such end- natural or legal person users' contact details and, sends an e-mail to that if that end-user has not customer for the purpose of initially refused that direct marketing use,and each time when a communications. natural or legal person sends a message is sentto that end-user for the purpose of direct marketing. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 47/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 16(2a) 2a. Member States may 2a. Without prejudice to the 2a. CSL to check provide by law a set period possibility for Member of time, after the sale of States to introduce, by law, - Open issue with “electronic the product or service a shorter maximum period, mail” vs. “electronic message” occurred, within which a the electronic contact natural or legal person details of a customer for e- may usecontact details of mails may be used, for the Y 161a the end-user who is a purpose referred to in Y natural person for direct paragraph 2, for a period of marketing purposes, as 36 months after the sale of provided for in paragraph. the product or service was concluded. Text Origin: Commission Proposal Article 16(3), introductory part 3. Without prejudice to 3. Without prejudice to 3. Without prejudice to 3. Without prejudice to 3. CSL to check paragraphs 1 and 2, natural paragraphs 1 and 2, natural paragraphs 1 and 2, natural paragraphs 1 and 2, natural or legal persons using or legal persons using or legal persons using or legal persons using electronic communications electronic communications electronic communications electronic communications Y 162 services for the purposes of services for the purposes of services for the purposes of services for the purposes of Y placing direct marketing placing direct marketing placing direct marketing placing direct marketing calls shall: calls shall: calls shall: present the calls shall: calling line identification assigned to them. Text Origin: Commission Proposal Article 16(3), point (a) 163 (a) CSL to check Y Y (a) present the identity of a (a) present the identity of a (a) present the identity of a line on which they can be line on which they can be line on which they can be Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 48/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments contacted; or contacted; or contacted; Article 16(3), point (b) 3a. Member States shall (b) CSL to check (b) present a specific (b) present a specific require natural or legal code/or prefix identifying code/or prefix identifying person using electronic Partially moved from L164b the fact that the call is a the fact that the call is a communications services marketing call. marketing call. for the purposes of placing direct marketing calls to present a specific code or [national] prefix identifying the fact that the call is a direct marketing call, in Y 164 addition to the obligation Y set out in paragraph 3. Member States shall make such a specific code or prefix available to the natural or legal persons who use electronic communications services for the purpose of direct marketing calls. Article 16(3a) G G 164a 3a. The masking of the 3a. The masking of the identity and the use of false identity and the use of false identities, false return identities, false return addresses or numbers while addresses, false prefixes or sending unsolicited numbers while sending communications for direct unsolicited marketing purposes is communications for direct prohibited. marketing purposes is prohibited. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 49/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments AM 135 Article 16(3a) 3a. Member States may 3a. deletion 3a. CSL to check require natural or legal Partially moved to Line164 person using electronic communications services for the purposes of placing direct marketing calls to present a specific code or prefix identifying the fact that the call is a direct marketing call in addition Y 164b Y to the obligation set out in paragraph 3. Member State requiring the use of such a specific code or prefix shall make it available for the natural or legal persons who use electronic communications services for the purposes of direct marketing calls. Article 16(4) Y Y 165 4. Notwithstanding 4. Notwithstanding 4. Notwithstanding 4. Notwithstanding 4. CSL to check paragraph 1, Member States paragraph 1, Member States paragraph 1, Member States paragraph 1, Member may provide by law that the may provide by law that the may provide by law that the States that on ... [OJ please placing of direct marketing placing of direct marketing placing of direct marketing insert the date of entry into voice-to-voice calls to end- voice-to-voice calls to end- voice-to-voice calls to end- force of this Regulation] users who are natural users who are natural users who are natural had provided by law that persons shall only be personsusers shall only be persons shall only be the placing of direct allowed in respect of end- allowed in respect of end- allowed in respect of end- marketing voice-to-voice Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (Text with EEA relevance) 2017/0003(COD) 18-03-2022 at 13h41 50/68
