2022-03-23-trilogue-e-privacy-4-colonnes
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments users who are natural users who are natural users who are natural calls to [users/end-users] persons who have not personsusers who have not persons who have not who are natural persons expressed their objection to expressed their objection to expressed their objection to shall be allowed only to receiving those receiving those receiving those [users/end-users] who have communications. communications. Member communications. not expressed their States shall provide that objection to receiving those users can object to calls, may maintain such receiving the direct laws. marketing voice-to-voice calls via a Do Not Call Member States that have Register, thereby also provided by law for an opt- ensuring that the user out mechanism in needs to opt- out only once. accordance with this paragraph, shall provide AM 136 that [end-users/users] can object to receiving direct marketing voice-to-voice calls via a [national] Do Not Call Register, thereby also ensuring that the [end- users/users] needs to opt- out only once. Article 16(5) 166 G G 5. Member States shall 5. Member States shall 5. Member States shall 5. Member States shall ensure, in the framework of ensure, in the framework of ensure, in the framework of ensure, in the framework of Union law and applicable Union law and applicable Union law and applicable Union law and applicable national law, that the national law, that the national law, that the national law, that the legitimate interest of end- legitimate interest of end- legitimate interest of end- legitimate interest of end- users that are legal persons users that are legal persons users that are legal persons users that are legal persons with regard to unsolicited with regard to unsolicited with regard to with regard to unsolicited communications sent by communications sent by unsoliciteddirect communications for direct means set forth under means set forth under marketing communications marketing purposes sent by paragraph 1 are sufficiently paragraph 1 are sufficiently sent by means set forth means set forth under protected. protected. under paragraph 1 are paragraph 1 are sufficiently 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 51/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments sufficiently protected. protected. Article 16(6) 6. Any natural or legal 6. Any natural or legal 6. Any natural or legal 6. Any natural or legal person using electronic person using electronic person using electronic person using electronic communications services to communications services to communications services to communications services to transmit direct marketing transmit direct marketing transmitsend direct transmitsend direct communications shall communications shall marketing communications marketing communications inform end-users of the inform end-users of the shall, each time a direct shall inform end-users of the marketing nature of the marketing nature of the inform end-users of the marketing nature of the, communication and the communication and the marketing nature of the each time a communication identity of the legal or identity of the legal or communication and the and the identity of the legal natural person on behalf of natural person on behalf of identity of the legal or or natural person on behalf G 167 whom the communication is whom the communication is natural person on behalf of of whom the communication G transmitted and shall transmitted and shall whom the communication is is transmitted and shall provide the necessary provide the necessary transmitted and shall provide the necessary information for recipients to information for recipients to provide the necessary information for recipients to exercise their right to exercise their right to information for recipients to exercise their right to withdraw their consent, in withdraw their consent, in exercise their right to withdraw their consent, in an easy manner, to receiving an easy manner and free of withdraw their consent, in an easy manner, to further marketing charge, to receiving further an easy manner, to receiving receiving further marketing communications. marketing communications. further marketing communications.for direct communications.sent: marketing purposes is sent: AM 137 Article 16(6), point (a) (a) reveal his or its (a) disclose the identity of identity and use effective the legal or natural person G 167a return addresses or on behalf of whom G numbers; communication for direct marketing purposes is sent; Article 16(6), point (b) 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 52/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments (b) inform end-users of (b) inform the the marketing nature of [end-users/users] of the the communication and marketing nature of the the identity and contact communication for direct G 167b details of the legal or marketing purposes; G natural person on behalf of whom the direct marketing communication is sent; Article 16(6), point (c) (c) clearly and distinctly (c) clearly indicate and give the end-users who are provide all relevant natural persons a means to information and means to object or to withdraw the [end-users/users] about their consent, free of the right to object or to charge, at any time, and in withdraw their consent, an easy and effective free of charge, at any time, manner, to receiving in an easy manner. The further direct marketing [end-users/users] shall be G 167c communications, and shall given an easy way to G provide the necessary exercise their right to object information to this end. or to withdraw their This means shall also be consent at the time of given at the time of collection and each time a collection of the contact communication for direct details according to marketing purposes to that paragraph 2. It shall be as [end-users/users] is sent easy to withdraw as to give consent. Article 16(7) 168 Y Y 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 53/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments 7. The Commission shall be 7. The Commission shall be 7. EP&CSL to discuss if this Deleted could be deleted because empowered to adopt empowered to adopt 7. deleted implementing measures in implementing measures in prefix would be set by MS accordance with Article accordance with Article 26(2) specifying the code/or 26(2) 26(1) specifying the Unless European prefix is prefix to identify marketing code/or prefix to identify agreed calls, pursuant to point (b) marketing calls, pursuant to of paragraph 3. point (b) of paragraph 3. AM 138 CHAPTER V CHAPTER V CHAPTER V CHAPTER V CHAPTER V G 181 REMEDIES, LIABILITY REMEDIES, LIABILITY REMEDIES, LIABILITY REMEDIES, LIABILITY G AND PENALTIES AND PENALTIES AND PENALTIES AND PENALTIES Article 21 Article 21 Article 21 Article 21 Article 21 G 182 G Remedies Remedies Remedies Remedies Article 21(1) Y Y 183 1. Without prejudice to any 1. Without prejudice to any 1. Without prejudice to any 1. Without prejudice to any other administrative or other administrative or other administrative or other administrative or The two legislators need to judicial remedy, every end- judicial remedy, every end- judicial remedy, every end- judicial remedy, every end- agree on legal drafting, as both user of electronic user of electronic user shall have the right to user shall have the right to have the same content. End- communications services communications services an effective judicial an effective judicial remedy user needs to be checked shall have the same and, where applicable, remedy in relation to any in relation to any horizontally, as well as the remedies provided for in everybody, organisation or infringement of rights infringement of rights concept of “mutatis mutandis” Articles 77, 78, and 79 of association, shall have the under this Regulation, the under[, or non-compliance when directly referencing GDPR. Regulation (EU) 2016/679. same remedies provided for right to lodge a complaint with,] this Regulation, the in Articles 77, 78, 79 and with a supervisory right to lodge a complaint drafting to be checked - align 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 54/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments 80 and 79 of Regulation authority and the right to with a supervisory authority with how other similar points (EU) 2016/679. an effective judicial and the right to an effective are drafted. Content ok. remedy against any legally judicial remedy against a AM 148 binding decision of a supervisory authorityof supervisory authority electronic communications concerning themof services shall have the same electronic communications remedies provided for in services shall have the same Articles 77, 78, and 79 of remedies provided for in Regulation (EU) 2016/679. Articles 77, 78, and 79 of Regulation (EU) 2016/679. Trilogue 18 Nov: EP to check [, or non-compliance with,] Article 21(1a) 183a G G 1a. Without prejudice to TEXT deleted any other administrative or EP agreed to delete 183a. non-judicial remedy, every end-user of electronic communications services shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning him or her. End-users shall also have such a right where the supervisory authority does not handle a complaint or does not inform the end- user within three months on the progress or outcome of the complaint lodged. Proceedings against a supervisory authority shall be brought before the court 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 55/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments of the Member State where the supervisory authority is established. AM 149 Article 21(1b) G G 183b 1b. Every end-user of the TEXT Deleted communications services EP agreed to delete 183b. shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed. Those proceedings against a provider of electronic communication service, the provider of a publicly available directory, software provider enabling electronic communication or persons sending direct marketing commercial communications or collecting information related to or stored in the end-users terminal equipment shall be brought before the courts of the Member State where they have an establishment. Alternatively, such proceedings shall be brought before the court of 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 56/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments the Member State of the habitual residence of the end-user. AM 150 Article 21(1a) 1a. Articles 77-80 of 1a. Articles 77-80 of Regulation (EU) 2016/679 Regulation (EU) 2016/679 drafting to be checked - align G 183c with how other similar points G shall apply mutatis shall apply mutatis mutandis. mutandis. are drafted. Content ok. Article 21(2) 2. Any natural or legal 2. Any natural or legal 2. Any natural or legal 2. Any natural or legal person other than end-users person other than end-users person other than end-users person other than end-users EP can accept Council text. adversely affected by adversely affected by adversely affected by adversely affected by infringements of this infringements of this infringements of this infringements of this Regulation and having a Regulation and having a Regulation and having a Regulation and having a legitimate interest in the legitimate interest in the legitimate interest in the legitimate interest in the cessation or prohibition of cessation or prohibition of cessation or prohibition of cessation or prohibition of G 184 alleged infringements, alleged infringements, alleged infringements, alleged infringements, G including a provider of including a provider of including a provider of including a provider of electronic communications electronic communications electronic communications electronic communications services protecting its services protecting its services protecting its services protecting its legitimate business interests, legitimate business interests, legitimate business interests, legitimate business interests, shall have a right to bring shall have a right to bring shall have a right to bring shall have a right to bring legal proceedings in respect legal proceedings in respect legal proceedings in respect legal proceedings in respect of such infringements. of such infringements. of such infringements. of such infringements. Article 22 185 G G Article 22 Article 22 Article 22 Article 22 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 57/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Right to compensation and Right to compensation and Right to compensation and Right to compensation and liability liability liability liability Article 22, first paragraph Any end-user of electronic Any end-user of electronic Any end-user of electronic Any end-user and any communications services communications services communications natural or legal person difference end-user who has suffered material or who has suffered material or servicesperson who has other than end-users of (Comm/EP) vs person (Council) non-material damage as a non-material damage as a suffered material or non- electronic communications Linked to line 184 result of an infringement of result of an infringement of material damage as a result services who has suffered this Regulation shall have this Regulation shall have of an infringement of this material or non-material EP can accept the deletion at the right to receive the right to receive Regulation shall have the damage as a result of an the end of the Line. First part compensation from the compensation from the right to receive infringement of this open infringer for the damage infringer for the damage compensation from the Regulation shall have the G 186 suffered, unless the infringer suffered, unless the infringer infringer for the damage right to receive G proves that it is not in any proves that it is not in any suffered, unless the infringer compensation from the way responsible for the way responsible for the proves that it is not in any infringer for the damage event giving rise to the event giving rise to the way responsible for the suffered, unless the damage in accordance with damage in accordance with event giving rise to the infringer proves that it is not Article 82 of Regulation Article 82 of Regulation damage in accordance with in any way responsible for (EU) 2016/679. (EU) 2016/679. Article 82 of Regulation the event giving rise to the (EU) 2016/679. damage in accordance with Article 82 of Regulation (EU) 2016/679. Article 23 Article 23 Article 23 Article 23 Article 23 General conditions for General conditions for General conditions for General conditions for Article 23 postponed in its imposing administrative imposing administrative imposing administrative imposing administrative entirety. No discussion on fines 187 fines fines fines fines as long as the general content is not agreed. Text Origin: Commission Proposal 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 58/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 23(1) 1. For the purpose of this 1. For the purpose of this 1. For the purpose of this Article, Chapter VII of Article, Chapter VII of Article, Chapter VII 83 of postponed – to be discussed Regulation (EU) 2016/679 Regulation (EU) 2016/679 Regulation (EU) 2016/679 with Articles 18-20 188 shall apply to infringements shall apply to infringements shall apply mutatis of this Regulation. of this Regulation, mutatis mutandis to infringements mutandis. of this Regulation. AM 151 Article 23(2), introductory part 2. Infringements of the 2. Infringements of the 2. Infringements of the 2. Infringements of the following provisions of this following provisions of this following provisions of this following provisions of this Regulation shall, in Regulation shall, in Regulation shall, in Regulation shall, in accordance with paragraph accordance with paragraph accordance with paragraph accordance with paragraph 1, be subject to 1, be subject to 1, be subject to 1, be subject to administrative fines up to administrative fines up to administrative fines up to administrative fines up to EUR 10 000 000, or in the EUR 10 000 000, or in the EUR 10 000 000, or in the EUR 10 000 000, or in the 189 case of an undertaking, up case of an undertaking, up case of an undertaking, up case of an undertaking, up to 2 % of the total to 2 % of the total to 2 % of the total to 2 % of the total worldwide annual turnover worldwide annual turnover worldwide annual turnover worldwide annual turnover of the preceding financial of the preceding financial of the preceding financial of the preceding financial year, whichever is higher: year, whichever is higher: year, whichever is higher: year, whichever is higher: Text Origin: Commission Proposal Article 23(2), point (a) 190 (a) the obligations of any (a) the obligations of any (a) the obligations of any legal or natural person who legal or natural person who legal or natural person who process electronic process electronic process electronic communications data communications data communications data pursuant to Article 8; pursuant to Article 8; pursuant to Article 8; 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 59/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments AM 152 deleted Article 23(2), point (aa) (aa) the obligations of the providers of electronic EP: Linke136kd to line EP: Linked to line 136 190a communications services pursuant to Article 11c; AM 153 Article 23(2), point (b) (b) the obligations of the (b) the obligations of the Deleted provider of software provider of software enabling electronic enabling electronic 191 communications, pursuant communications, pursuant to Article 10; to Article 10; AM 154 deleted Article 23(2), point (ba) (ba) the obligations of the providers of publicly available number-based interpersonal 191a communication services pursuant to Articles 12, 13 and 14. AM 155 Article 23(2), point (c) 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 60/68
