2022-03-23-trilogue-e-privacy-4-colonnes
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments (c) the obligations of the (c) the obligations of the (c) the obligations of the (c) the obligations of the (c) providers of publicly providers of publicly providers of publicly providers of publicly available directories available directories available directories available directories 192 pursuant to Article 15; pursuant to Article 15; pursuant to Article 15; pursuant to Article 15; Text Origin: Commission Proposal Article 23(2), point (d) (d) the obligations of any (d) the obligations of any (d) the obligations of any (d) the obligations of any legal or natural person who legal or natural person who legal or natural person who legal or natural person who uses electronic uses electronic uses electronic uses electronic 193 communications services communications services communications services communications services pursuant to Article 16. pursuant to Article 16. pursuant to Article 16. pursuant to Article 16. Text Origin: Commission Proposal Article 23(2), point (e) (e) the obligation to designate a representative 193a pursuant to Article 3 number 2. Article 23(3) 194 3. Infringements of the 3. Infringements of the 3. Infringements of the principle of confidentiality principle of confidentiality principle of confidentiality of communications, of communications, of communications, permitted processing of permitted processing of permitted processing of electronic communications electronic communications electronic communications data, time limits for erasure data, time limits for erasure data, time limits for erasure 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 61/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments pursuant to Articles 5, 6, pursuant to Articles 5, 6, pursuant to Articles 5, 6, and 7 shall, in accordance and 7following provisions and 7 shall, in accordance with paragraph 1 of this of this Regulation shall, in with paragraph 1 of this Article, be subject to accordance with paragraph 1 Article, be subject to administrative fines up to 20 of this Article, be subject to administrative fines up to 20 000 000 EUR, or in the case administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide of an undertaking, up to 4 % of the total worldwide annual turnover of the of the total worldwide annual turnover of the preceding financial year, annual turnover of the preceding financial year, whichever is higher. preceding financial year, whichever is higher. whichever is higher.: AM 156 Article 23(3), point (a) (a) the principle of confidentiality of 194a communications pursuant to Article 5; AM 157 Article 23(3), point (b) (b) the permitted processing of electronic 194b communications data, pursuant to Article 6; AM 158 Article 23(3), point (c) 194c 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 62/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments (c) the time limits for erasure and the confidentiality obligations pursuant to Article 7; AM 159 Article 23(3), point (d) (d) the obligations of any legal or natural person who process electronic 194d communications data pursuant to Article 8; AM 160 Article 23(3), point (e) (e) the requirements for consent pursuant to Article 194e 9; AM 161 Article 23(3), point (f) (f) the obligations of the provider of software enabling electronic 194f communications, pursuant to Article 10; AM 162 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 63/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 23(3), point (g) (g) the obligations of the providers of electronic communications services, of the providers of information society services, or of the 194g manufacturers of software permitting the retrieval and presentation of information on the internet pursuant to Article 17. AM 163 Article 23(4) 195 4. Member States shall lay 4. Member States shall lay 4. Member States shall lay down the rules on penalties down the rules on penalties down the rules on penalties for infringements of Articles for infringements of Articles for infringements of Articles 12, 13, 14, and 17. 12, 13, 14, and 17In the 12, 13, 14, and 17 and 14. event that the same act or omission by the same person results in non- compliance with both Regulation (EU) 2016/679 and this Regulation, then the maximum administrative fine shall be no more than the maximum administrative fine applicable under this Regulation for that type of infringement. 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 64/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments AM 164 Article 23(5) 5. Non-compliance with an 5. Non-compliance with an 5. Non-compliance with an 5. Non-compliance with an order by a supervisory order by a supervisory order by a supervisory order by a supervisory authority as referred to in authority as referred to in authority as referred to in authority as referred to in Article 18, shall be subject Article 18, shall be subject Article 18, shall be subject Article 18, shall be subject to administrative fines up to to administrative fines up to to administrative fines up to to administrative fines up to 20 000 000 EUR, or in the 20 000 000 EUR, or in the 20 000 000 EUR, or in the 20 000 000 EUR, or in the 196 case of an undertaking, up case of an undertaking, up case of an undertaking, up case of an undertaking, up to 4 % of the total to 4 % of the total to 4 % of the total to 4 % 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(6) 197 6. Without prejudice to the 6. Without prejudice to the 6. Without prejudice to the 6. Without prejudice to the corrective powers of corrective powers of corrective powers of corrective powers of supervisory authorities supervisory authorities supervisory authorities supervisory authorities pursuant to Article 18, each pursuant to Article 18, each pursuant to Article 18, each pursuant to Article 18, each Member State may lay Member State may lay Member State may lay Member State may lay down rules on whether and down rules on whether and down rules on whether and down rules on whether and to what extent to what extent to what extent to what extent administrative fines may be administrative fines may be administrative fines may be administrative fines may be imposed on public imposed on public imposed on public imposed on public authorities and bodies authorities and bodies authorities and bodies authorities and bodies established in that Member established in that Member established in that Member established in that Member State. State. State. State. 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 65/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 23(7) 7. The exercise by the 7. The exercise by the 7. The exercise by the 7. The exercise by the supervisory authority of its supervisory authority of its supervisory authority of its supervisory authority of its powers under this Article powers under this Article powers under this Article powers under this Article shall be subject to shall be subject to shall be subject to shall be subject to appropriate procedural appropriate procedural appropriate procedural appropriate procedural safeguards in accordance safeguards in accordance safeguards in accordance safeguards in accordance 198 with Union and Member with Union and Member with Union and Member with Union and Member State law, including State law, including State law, including State law, including effective judicial remedy effective judicial remedy effective judicial remedy effective judicial remedy and due process. and due process. and due process. and due process. Text Origin: Commission Proposal Article 23(8) 199 8. Where the legal system 8. Where the legal system 8. Where the legal system 8. Where the legal system of the Member State does of the Member State does of the Member State does of the Member State does not provide for not provide for not provide for not provide for administrative fines, this administrative fines, this administrative fines, this administrative fines, this Article may be applied in Article may be applied in Article may be applied in Article may be applied in such a manner that the fine such a manner that the fine such a manner that the fine such a manner that the fine is initiated by the competent is initiated by the competent is initiated by the competent is initiated by the competent supervisory authority and supervisory authority and supervisory authority and supervisory authority and imposed by competent imposed by competent imposed by competent imposed by competent national courts, while national courts, while national courts, while national courts, while ensuring that those legal ensuring that those legal ensuring that those legal ensuring that those legal remedies are effective and remedies are effective and remedies are effective and remedies are effective and have an equivalent effect to have an equivalent effect to have an equivalent effect to have an equivalent effect to the administrative fines the administrative fines the administrative fines the administrative fines imposed by supervisory imposed by supervisory imposed by supervisory imposed by supervisory authorities. In any event, the authorities. In any event, the authorities. In any event, the authorities. In any event, the 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 66/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments fines imposed shall be fines imposed shall be fines imposed shall be fines imposed shall be effective, proportionate and effective, proportionate and effective, proportionate and effective, proportionate and dissuasive. Those Member dissuasive. Those Member dissuasive. Those Member dissuasive. Those Member States shall notify to the States shall notify to the States shall notify to the States shall notify to the Commission the provisions Commission the provisions Commission the provisions Commission the provisions of their laws which they of their laws which they of their laws which they of their laws which they adopt pursuant to this adopt pursuant to this adopt pursuant to this adopt pursuant to this paragraph by [xxx] and, paragraph by [xxx] and, paragraph by [xxx] and, paragraph by [xxx] and, without delay, any without delay, any without delay, any without delay, any subsequent amendment law subsequent amendment law subsequent amendment law subsequent amendment law or amendment affecting or amendment affecting or amendment affecting or amendment affecting them. them. them. them. Text Origin: Commission Proposal Article 24 Article 24 Article 24 Article 24 Article 24 G 200 G Penalties Penalties Penalties Penalties Article 24(1) G G 201 1. Member States shall lay 1. Member States shall lay 1. Member States shall lay 1. Member States shall lay down the rules on other down the rules on other down the rules on other down the rules on other penalties applicable to penalties applicable to penalties applicable to penalties applicable to infringements of this infringements of this infringements of this infringements of this Regulation in particular for Regulation in particular for Regulation in particular for Regulation in particular for infringements which are not infringements which are not infringements which are not infringements which are not subject to administrative subject to administrative subject to administrative subject to administrative fines pursuant to Article 23, fines pursuant to Article 23, fines pursuant to Article 23, fines pursuant to Article 23, and shall take all measures and shall take all measures and shall take all measures and shall take all measures necessary to ensure that they necessary to ensure that they necessary to ensure that they necessary to ensure that they are implemented. Such are implemented. Such are implemented. Such are implemented. Such penalties shall be effective, penalties shall be effective, penalties shall be effective, penalties shall be effective, 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 67/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments proportionate and proportionate and proportionate and proportionate and dissuasive. dissuasive. dissuasive. dissuasive. Article 24(2) 2. Each Member State shall 2. Each Member State shall 2. Each Member State shall 2. Each Member State shall notify to the Commission notify to the Commission notify to the Commission notify to the Commission EP can accept Council text at the provisions of its law the provisions of its law the provisions of its law the provisions of its law tech level which it adopts pursuant to which it adopts pursuant to which it adopts pursuant to which it adopts pursuant to paragraph 1, no later than 18 paragraph 1, no later than 18 paragraph 1, no later than paragraph 1, no later than months after the date set months after the date set 188 months after the date set 188 months after the date set Y 202 forth under Article 29(2) forth under Article 29(2) forth under Article 29(2) forth under Article 29(2) Y and, without delay, any and, without delay, any and, without delay, any and, without delay, any subsequent amendment subsequent amendment subsequent amendment subsequent amendment affecting them. affecting them. affecting them. affecting them. Text Origin: Council Mandate 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 68/68
