2022-03-23-trilogue-e-privacy-4-colonnes
Dieses Dokument ist Teil der Anfrage „Respect for private life and the protection of personal data in electronic communications (E-privacy)*“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
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) Non-versioned [LATEST TEXT] 18-03-2022 at 13h41 Commission Proposal EP Mandate Council Mandate Draft Agreement Comments CHAPTER I CHAPTER I CHAPTER I CHAPTER I CHAPTER I GENERAL PROVISIONS GENERAL PROVISIONS GENERAL PROVISIONS GENERAL PROVISIONS G 56 G Text Origin: Commission Proposal Article 1 Article 1 Article 1 Article 1 Article 1 Subject matter Subject matter Subject matter Subject matter G 57 G Text Origin: Commission Proposal Article 1(1) Y Y 58 1. This Regulation lays 1. This Regulation lays 1. This Regulation lays 1. This Regulation lays 1. CLS to check down rules regarding the down rules regarding the down rules regarding the down rules regarding the protection of fundamental protection of fundamental protection of fundamental protection of fundamental rights and freedoms of rights and freedoms of rights and freedoms of rights and freedoms of natural and legal persons in natural and legal persons in natural and legal persons in natural and legal persons in the provision and use of the provision and use of the provision and use of the provision and use of electronic communications electronic communications electronic communications electronic communications services, and in particular, services, and in particular, services, and in particular, services, and in particular, 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 1/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments the rights to respect for the rights to respect for the rights to respect for the rights to respect for private life and private life and private life and private life and communications and the communications and the communications and the communications and the protection of natural persons protection of natural persons protection of natural persons protection of natural persons with regard to the with regard to the with regard to the with regard to the processing of personal data. processing of personal data. processing of personal data. processing of personal data. Text Origin: Commission Proposal Article 1(1a) 1a. This Regulation lays 1a. 1a. down rules regarding the deletion CLS to check protection of the fundamental rights and freedoms of legal persons Y 58a in the provision and use of Y the electronic communications services, and in particular their rights to respect of communications. Article 1(2) 59 Y Y 2. This Regulation ensures 2. This Regulation ensures 2. This Regulation 2. This Regulation ensures 2. CLS to check free movement of electronic free movement of electronic ensuresThe free movement free movement of electronic communications data and communications data and of electronic communications data and electronic communications electronic communications communications data and electronic communications services within the Union, services within the Union, electronic communications services within the Union, which shall be neither which shall be neither services within the Union, which shall be neither restricted nor prohibited for restricted nor prohibited for which shall be neither restricted nor prohibited for reasons related to the reasons related to the restricted nor prohibited for reasons related to the respect for the private life respect for the private life reasons related to the respect for the private life 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 2/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments and communications of and communications of respect for the private life and communications of natural and legal persons natural and legal persons and communications of natural and legal persons and the protection of natural and the protection of natural natural and legal persons and the protection of natural persons with regard to the persons with regard to the and the protection of natural persons with regard to the processing of personal data. processing of personal data. persons with regard to the processing of personal data.. processing of personal data, and for protection of Text Origin: Commission Proposal communications of legal persons. Article 1(3) 3. The provisions of this 3. The provisions of this 3. The provisions of this 3. The provisions of this 3. CLS to check Regulation particularise and Regulation particularise and Regulation particularise and Regulation particularise and complement Regulation complement Regulation complement Regulation complement Regulation (EU) 2016/679 by laying (EU) 2016/679 by laying (EU) 2016/679 by laying (EU) 2016/679 by laying Y 60 down specific rules for the down specific rules for the down specific rules for the down specific rules for the Y purposes mentioned in purposes mentioned in purposes mentioned in purposes mentioned in paragraphs 1 and 2. paragraphs 1 and 2. paragraphs 1 andto 2. paragraphs 1 and 2. Text Origin: Commission Proposal Article 2 Article 2 Article 2 Article 2 Article 2 Material Scope Material Scope Material Scope Material Scope G 61 G Text Origin: Commission Proposal Article 2(1) 62 G G 1. This Regulation applies 1. This Regulation applies 1. This Regulation applies 1. This Regulation applies to the processing of to the processing of to the processing of to the processing 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 3/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments electronic communications electronic communications electronic communications electronic communications data carried out in data carried out in data carried out in data carried out in connection with the connection with the connection with the connection with the provision and the use of provision and the use of provision and the use of provision and the use of electronic communications electronic communications electronic communications electronic communications services and to information services and to information services and to information services and to information related to the terminal related to the terminal related to the terminal related to the terminal equipment of end-users. equipment of end-users.: equipment of end-users.: equipment of end-users.: AM 40 Text Origin: EP Mandate Article 2(1), point (a) (a) the processing of (a) the processing of (a) the processing of (a) Add recital referencing the electronic communications electronic communications electronic communications wording of Recital 16 ECC to data carried out in content and of electronic data carried out in clarify that ECS are covered by connection with the communications metadata connection with the the scope irrespective of provision and the use of carried out in connection provision and the use of whether a payment is required G 62a electronic communications with the provision and the electronic communications G Alternatively to add a services, irrespective of use of electronic services reference in Line 84 to Recital whether a payment is communications services; 16 ECC required; AM 41 Article 2(1), point (b) (b) the processing of (b) end-users' terminal (b) the information stored (b) EP & CSL agree that it has information related to or equipment information or processed in, collected to reflect content of Article 8 processed by the terminal from, or emitted by, [end- Y 62b equipment of end-users; users’/users] terminal EP&CSL to check COM Y equipment proposal 17.03.2022 AM 42 Text Origin: Commission Proposal Article 2(1), 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 4/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments (c) the placing on the (c) EP & CSL agree to postpone market of software discussion on this to discussion permitting electronic on article 10 communications including Y 62c the retrieval and Linked to Article 3 and Article Y 3a presentation of information on the Internet; AM 43 Article 2(1), point (d) (d) the provision of (c) the offering of a (d) the provision of (d) agreed by EP & CSL that publicly available publicly available publicly available this should include natural and directories of users of directory of end-users of directories of [users/end- legal persons Y 62d electronic communications; electronic communications users] of electronic Y services; communications services; AM 44 Mandate Art 2(1)(c) Text Origin: EP Mandate Article 2(1), point (e) (e) the sending of direct (d) the sending of direct (e) the sending of marketing electronic marketing unsolicited G 62e communications to end- communications to end- communications for direct G users. users marketing purposes AM 45 Mandate Art 2(1)(d) Article 2(2), introductory part G G 63 2. This Regulation does not 2. This Regulation does not 2. This Regulation does not 2. This Regulation does not apply to: apply to: apply to: apply to: 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 5/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Text Origin: Commission Proposal Article 2(2), point (a) (a) activities which fall (a) activities which fall (a) activities, which fall outside the scope of Union outside the scope of Union outside the scope of Union law; law; law, and in any event measures, processing activities and operations concerning national security and defence, Y 64 Y regardless of who is carrying out those activities whether it is a public authority or a private operator acting at the request of a public authority; Article 2(2), point (b) (b) activities of the Member (b) activities of the Member (b) activities of the Member (b) activities of the Member States which fall within the States which fall within the States which fall within the States which fall within the scope of Chapter 2 of Title scope of Chapter 2 of Title scope of Chapter 2 of Title scope of Chapter 2 of Title G 65 V of the Treaty on European V of the Treaty on European V of the Treaty on European V of the Treaty on European G Union; Union; Union; Union; Text Origin: Commission Proposal Article 2(2), point (c) G G 66 (c) electronic (c) electronic (c) electronic (c) electronic Commission to propose a communications services communications services communications services communications services further clarification in a 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 6/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments which are not publicly which are not publicly which are not publicly which are not publicly recital, possibly Recital 13 available; available; available; available; Text Origin: Commission Proposal Article 2(2), point (d) (d) activities of competent (d) activities of competent (d) activities, including (d) CSL to check if a deletion authorities for the purposes authorities for the purposes data processing activities, could be facilitated by adding a of the prevention, of the prevention, of competent authorities for recital on LED investigation, detection or investigation, detection or the purposes of the prosecution of criminal prosecution of criminal prevention, investigation, offences or the execution of offences or the execution of detection or prosecution of Y 67 Y criminal penalties, including criminal penalties, including criminal offences or the the safeguarding against and the safeguarding against and execution of criminal the prevention of threats to the prevention of threats to penalties, including the public security; public security; safeguarding against and the prevention of threats to public security; Article 2(2), point (e) (e) linked to Article 7 (e) electronic and line 111 communications data processed after receipt by CSL to further specify what is Y 67a the end-user concerned. meant and demarcate their Y proposal further regarding the demarcation of GDPR vs. ePrivacy Article 2(2), point (e) 68 (e) THIS POINT IS The point (e) does not MISSING. THANK YOU deleted 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 7/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments FOR USING ANOTHER exist in English language. It is a LANGUAGE. byproduct of XMLisation from MS Word, and should be disregarded. Article 2(3) 3. The processing of 3. The processing of 3. The processing of 3. The processing of electronic communications electronic communications electronic communications electronic communications data by the Union data by the Union data by the Union data by the Union institutions, bodies, offices institutions, bodies, offices institutions, bodies, offices institutions, bodies, offices G 69 and agencies is governed by and agencies is governed by and agencies is governed by and agencies is governed by G Regulation (EU) 00/0000 Regulation (EU) 00/0000 Regulation (EU) 00/0000 Regulation (EU) 00/0000 [new Regulation replacing [new Regulation replacing [new Regulation replacing [new Regulation replacing Regulation 45/2001]. Regulation 45/2001]. Regulation Regulation 45/2001]2018/1725 . 45/2001]2018/1725 . Article 2(4) 70 G G 4. This Regulation shall be 4. This Regulation shall be 4. This Regulation shall be 4. This Regulation shall be 4. Legislator to decide later without prejudice to the without prejudice to the without prejudice to the without prejudice to the whether to refer to the whole application of Directive application of Directive application of Directive application of Directive DSA or to the provisions linked 1 2000/31/EC , in particular 1 2000/31/EC , in particular 1 2000/31/EC , in particular 1 2000/31/EC , in particular to liability of the liability rules of of the liability rules of of the liability rules of of the liability rules of intermediary service intermediary service intermediary service intermediary service Lawyer linguists to check providers in Articles 12 to providers in Articles 12 to providers in Articles 12 to providers in Articles 12 to alignment with DSA 15 of that Directive. 15 of that Directive. 15 of that Directive. 15 of that Directive. _________ _________ _________ _________ 1. Directive 2000/31/EC of the 1. Directive 2000/31/EC of the 1. Directive 2000/31/EC of the 1. Directive 2000/31/EC of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the Council of 8 June 2000 on certain Council of 8 June 2000 on certain Council of 8 June 2000 on certain Council of 8 June 2000 on certain legal aspects of information legal aspects of information legal aspects of information legal aspects of information society services, in particular society services, in particular society services, in particular society services, in particular electronic commerce, in the electronic commerce, in the electronic commerce, in the electronic commerce, in the Internal Market ('Directive on Internal Market ('Directive on Internal Market ('Directive on Internal Market ('Directive on electronic commerce') (OJ L 178, electronic commerce') (OJ L 178, electronic commerce') (OJ L 178, electronic commerce') (OJ L 178, 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 8/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments 17.7.2000, p. 1–16). 17.7.2000, p. 1–16). 17.7.2000, p. 1–16). 17.7.2000, p. 1–16). Text Origin: Commission Proposal Article 2(5) 5. This Regulation shall be 5. This Regulation shall be 5. This Regulation shall be 5. This Regulation shall be without prejudice to the without prejudice to the without prejudice to the without prejudice to the provisions of Directive provisions of Directive provisions of Directive provisions of Directive G 71 2014/53/EU. 2014/53/EU. 2014/53/EU. 2014/53/EU. G Text Origin: Commission Proposal Article 3 Article 3 Article 3 Article 3 Article 3 G 72 Territorial scope and Territorial scope and Territorial scope and Territorial scope and G representative representative representative representative Article 3(1), introductory part 1. This Regulation applies 1. This Regulation applies 1. This Regulation applies 1. This Regulation applies to: to: to: to: G 73 G Text Origin: Commission Proposal Article 3(1), point (a) Y Y 74 (a) the provision of (a) the provisionoffering of (a) the provision of (a) the offering of services (a) CLS to check the proposal electronic communications electronic communications electronic communications referred to in Article 2(1): services to end-users in the services, software, publicly services to end-users who CLS and COM to present a new 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 9/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Union, irrespective of available directories, or are in the Union, proposal on point (i) whether a payment of the direct marketing electronic irrespective of whether a i) by providers established end-user is required; communications to end- payment of the end-user is in the Union to the extent users in the Union, required; that the processing takes Regarding b) it should be clear irrespective of whether a place in the Union] or that the reference is the payment of the end-user is terminal equipment not the required; ii) to [users/end-users] in end-user/user the Union, and the AM 46 processing of their electronic communications data b) the processing of information related to or processed by the terminal equipment of [users/end- users] that is in the Union. 2. This Regulation applies to the processing of personal data by a provider not established in the Union, but in a place where Member State law applies by virtue of public international law. Article 3(1), point (aa) Y Y 74a (aa) CLS to check the proposal (aa) the processing of (aa) deletion electronic communications content and of electronic communications metadata of end-users who are in the Union; 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 10/68
