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.
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 3(1), point (b) (b) the use of such services; (b) the use of such (b) deletion (b) CLS to check the proposal Deleted servicesactivities referred to in Article 2 that are Y 75 provided from the territory Y of the Union; AM 47 Article 3(1), point (c) (c) the protection of (c) the (c) the protection of (c) deletion (c) CLS to check the proposal information related to the protectionprocessing of information related to the terminal equipment of end- information related to or terminal equipment Y 76 users located in the Union. processed by the terminal information of end-users Y equipment of end-users locatedwho are in the locatedthat is in the Union. Union. AM 48 Article 3(1), point (cb) (cb) the offering of (cb) deletion (cb) CLS to check the proposal publicly available directories of end-users of Y 76a Y electronic communications services who are in the Union; Article 3(1), point (cc) 76b Y Y (cc) the sending of direct (cc) deletion (cc) CLS to check the 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 11/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments marketing communications to end- users who are in the Union. Article 3(2) 2. Where the provider of an 2. Where the provider of an 2. Where the provider of an 2. Article 3a (new) 2. New separate article on electronic communications electronic communications electronic communications Designation of a representative service is not established in service, provider of service, the provider of a representative CLS to check the Union it shall designate software permitting publicly available in writing a representative in electronic communications, directory, or a person 1. Where the provider of an EP to check how to add Line the Union. a person processing using electronic electronic communications 62c information related to or communications services servicethe services, referred processed by the terminal to send direct marketing to in Article 2(1), is not equipment of users or end- communications, or a established in the Union it users, a provider of a person using processing shall designate in writing, publicly available directory, and storage capabilities or within one month from the Y 77 or a person using electronic collecting information start of its activities, a Y communications services to processed by or emitted by representative in the Union transmit direct marketing or stored in the end-users’ and communicate it to the communications is not terminal equipment is not competent supervisory established in the Union, it established in the Union it authority. shall designate in writing a shall designate in writing, representative in the Union. within one month from the start of its activities, a AM 49 representative in the Union and communicate it to the competent Supervisory Authority. Article 3(2a) 77a Y Y 2a. The requirements laid 2a. deletion 2a. CLS to check down in paragraph 2 shall 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 12/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments not apply if activities listed in paragraph 1 are occasional and are unlikely to result in a risk to the fundamental rights of end-users taking into account the nature, context, scope and purpose of those activities. Article 3(3) 3. The representative shall 3. The representative shall 3. The representative shall 2. The representative shall 3. New separate article on be established in one of the be established in one of the be established in one of the be established in one of the representative Member States where the Member States where the Member States where the Member States where the CLS to check end-users of such electronic end-users of such electronic end-users of such electronic end-users of such electronic communications services communications services communications services communications EP to check how to add Line 78 are located. are located. are located. services[users/end-users] of 62c the services referred to in Article 2(1) are located. Text Origin: Commission Proposal Article 3(4) 79 Y Y 4. The representative shall 4. The representative shall 4. The representative shall 3. The representative shall 4. New separate article on have the power to answer have the power to answer have the power to answer have the power to answer representative questions and provide questions and provide questions and provide questions and provide information in addition to or information in addition to or informationbe mandated informationbe mandated by CLS to check instead of the provider it instead of the provider it by the provider or person the provider it represents to EP to check how to add Line represents, in particular, to represents, in particular, to it represents to be be addressed in addition to, 62c supervisory authorities, and supervisory authorities, addressed in addition to or or instead of, the provider it end-users, on all issues courts, and end-users, on all instead of the provider it represents, in particular, to related to processing issues related to processing represents, in particular, to supervisory authorities, 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 13/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments electronic communications electronic communications supervisory authorities, and courts, and [users/end- data for the purposes of datathe activities referred end-users, on all issues users]and end-users, on all ensuring compliance with to in Article 2 for the related to processing issues related to processing this Regulation. purposes of ensuring electronic communications electronic communications compliance with this data for the purposes of datathe services referred to Regulation. ensuring compliance with in Article 2(1) for the this Regulation. purposes of ensuring AM 50 compliance with this Regulation. Article 3(5) Y Y 80 5. The designation of a 5. The designation of a 5. The designation of a 4. The designation of a 5. CLS to check representative pursuant to representative pursuant to representative pursuant to representative pursuant to New separate article on paragraph 2 shall be without paragraph 2 shall be without paragraph 2 shall be without paragraph 21 shall be representative prejudice to legal actions, prejudice to legal actions, prejudice to legal actions, without prejudice to legal which could be initiated which could be initiated which could be initiated actions, which could be against a natural or legal against a natural or legal against a natural or legal the initiated against a natural or person who processes person who processes provider or person who legal person who processes electronic communications electronic communications processes electronic electronic communications data in connection with the data in connection with the communications data in data in connection with the provision of electronic provision of electronic connection with the provision of electronic communications services communications provision of electronic communications services from outside the Union to servicesundertakes the communications services fromthe provider carrying end-users in the Union. activities referred to in from outside the Union to out services referred to in Article 2 from outside the end-users in the Unionit Article 2(1) from outside Union to end-users in the represents. the Union. Union. AM 51 4a. The obligation to designate a representative in accordance with this Article shall also apply to a provider or a person, established outside the Union, processing 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 14/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments information related to or processed by the terminal equipment of the [user/end-user] in the Union. Article 3(5a) 5a. This Regulation 5a. This Regulation applies 5a. Moved to as new applies to the processing of to the processing of paragraph 2 in Article 3 below personal data by a personal data by a provider Line 74/74a in the proposal on provider not established in not established in the line 74. the Union, but in a place Union, but in a place where G 80a where Member State law Member State law applies G applies by virtue of public by virtue of public international law. international law. Mandate Art 3(6) Text Origin: Council Mandate Article 4 Article 4 Article 4 Article 4 Article 4 Definitions Definitions Definitions Definitions G 81 G Text Origin: Commission Proposal Article 4(1), introductory part G G 82 1. For the purposes of this 1. For the purposes of this 1. For the purposes of this 1. For the purposes of this Regulation, following Regulation, following Regulation, following Regulation, following definitions shall apply: definitions shall apply: definitions shall apply: definitions shall apply: 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 15/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Article 4(1), point (a) (a) the definitions in (a) the definitions in (a) the definitions in (a) the definitions in Regulation (EU) 2016/679; Regulation (EU) 2016/679; Regulation (EU) 2016/679; Regulation (EU) 2016/679; G 83 G Text Origin: Commission Proposal Article 4(1), point (b) Y Y 84 (b) the definitions of (b) the definitions (b) the definitions of (b) the definitions of (b) CSL to check 'user/end- ‘electronic communications definition of ‘electronic ‘electronic communications ‘electronic communications users' network’, ‘electronic communications network’, network’, ‘electronic network’, ‘electronic communications service’, ‘electronic communications communications service’, communications service’, EP agreed to add reference to ‘interpersonal service’, ‘interpersonal ‘interpersonal ‘interpersonal interpersonal communication communications service’, communications service’, communications service’, communications service’, services in Line 84 and delete ‘number-based interpersonal ‘number-based ‘number-based interpersonal ‘number-based interpersonal line 87c communications service’, interpersonal communications service’, communications service’, Regarding ECS, recital to be ‘number-independent communications service’, ‘number-independent ‘number-independent clarified interpersonal ‘number-independent interpersonal interpersonal communications service’, interpersonal communications service’, communications service’, ‘end-user’ and ‘call’ in communications service’, ‘end-user’ and ‘call’ in ‘end-user’, ‘user’, ‘call’ points (1), (4), (5), (6), (7), ‘end-user’ and ‘call’ in pointsparagraphs (1), (4), ‘public safety answering (14) and (21) respectively of points (1), (4), (5), (6), (7), (5), (6), (7), (14) and (2131) point’, ‘emergency Article 2 of [Directive (14) and (21) respectively respectively of Article 2 of communication’ and establishing the European point (21) of Article 2 of [Directive establishing the ‘emergency service’ in Electronic Communications [Directive establishing the European Electronic paragraphs (1), (4), (5), (6), Code]; European Electronic Communications Code] (7), (13), (31), (36), (38), Communications Code]; (EU) 2018/1972; and (39) of Article 2 of Directive (EU) 2018/1972; AM 52 Commission proposal: There is a reference to "emergency services", which contains 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 16/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments reference to definition of user (87f and 87g) COM proposal on 29/06/2021. To be discussed in detail. Article 4(1), point (c) (c) the definition of (c) the definition of (c) the definition of (c) the definition of 'terminal equipment' in point 'terminal equipment' in point 'terminal equipment' in point 'terminal equipment' in point (1) of Article 1 of (1) of Article 1 of (1) of Article 11(1) of (1) of Article 1 of Commission Directive Commission Directive Commission Directive Commission Directive 1 1 1 1 2008/63/EC . 2008/63/EC . 2008/63/EC .; 2008/63/EC . _________ _________ _________ _________ G 85 1. Commission Directive 1. Commission Directive 1. Commission Directive 1. Commission Directive G 2008/63/EC of 20 June 2008 on 2008/63/EC of 20 June 2008 on 2008/63/EC of 20 June 2008 on 2008/63/EC of 20 June 2008 on competition in the markets in competition in the markets in competition in the markets in competition in the markets in telecommunications terminal telecommunications terminal telecommunications terminal telecommunications terminal equipment (OJ L 162, 21.6.2008, equipment (OJ L 162, 21.6.2008, equipment (OJ L 162, 21.6.2008, equipment (OJ L 162, 21.6.2008, p. 20–26). p. 20–26). p. 20–26). p. 20–26). Text Origin: Commission Proposal Article 4(1), point (d) (d) the definition of (d) the definition of CSL & EP agreed to CSL text ‘information society ‘information society service’ in point (b) of service’ in point (b) of Y 85a Article 1 (1) of Directive Article 1(1) of Directive Y (EU) 2015/1535. (EU) 2015/1535. Text Origin: Council Mandate Article 4(2) 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 17/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments 2. For the purposes of point 2. For the purposes of point 2. For the purposes of point 2. For the purposes of point CSL & EP agreed to CSL text (b) of paragraph 1, the (b) of paragraph 1, the (b) of paragraph 1this (b) of paragraph 1this definition of ‘interpersonal definition of ‘interpersonal Regulation, the definition Regulation, the definition communications service’ communications service’ of ‘interpersonal of ‘interpersonal shall include services which shall include services which communications service’ communications service’ enable interpersonal and enable interpersonal and referred to in point (b) of referred to in point (b) of interactive communication interactive communication paragraph 1 shall include paragraph 1 shall include Y 86 merely as a minor ancillary merely as a minor ancillary services which enable services which enable Y feature that is intrinsically feature that is intrinsically interpersonal and interactive interpersonal and interactive linked to another service. linked to another service. communication merely as a communication merely as a minor ancillary feature that minor ancillary feature that AM 53 deleted is intrinsically linked to is intrinsically linked to another service. another service. Text Origin: Council Mandate Article 4(2a) 2a. For the purposes of 2a. CSL to check if wording this Regulation, the could be added as Recital definition of 'processing' referred to in Article 4 (2) Y 86a Y of Regulation 2016/679 shall not be limited to processing of personal data. Article 4(3), introductory part 87 G G 3. In addition, for the 3. In addition, for the 3. In addition, for the 3. In addition, for the purposes of this Regulation purposes of this Regulation purposes of this Regulation purposes of this Regulation the following definitions the following definitions the following definitions the following definitions shall apply: shall apply: shall apply: shall apply: 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 18/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments Text Origin: Commission Proposal Article 4(3), point (-a) 87a G G (-a) 'electronic (-a) Deleted communications network' means a transmission system, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit - and packet - switched including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type 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 19/68
Commission Proposal EP Mandate Council Mandate Draft Agreement Comments information conveyed; AM 54 Article 4(3), point (-aa) G G 87b (-aa) 'electronic (-b) deleted communications service' means a service provided via electronic communications networks, whether for remuneration or not, which encompasses one or more of the following: an 'internet access service' as defined in Article 2(2) or Regulation (EU) 2015/2120; an interpersonal communications service; a service consisting wholly or mainly in the conveyance of the signals, such as a transmission service used for the provision of a machine-to-machine service and for broadcasting, but excludes information conveyed as part of a broadcasting service to the public over an electronic communications network or service except to the extent that the information can be related to 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 20/68
