Legislative Framework - The Privacy and Electronic Communications Directive
8 important questions on Legislative Framework - The Privacy and Electronic Communications Directive
What did the ePrivacy Directive from 2002 do?
When was the ePrivacy Directive widened and what was it's aim?
What is the applicability of the ePrivacy Directive?
- Higher grades + faster learning
- Never study anything twice
- 100% sure, 100% understanding
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What are the key provisions of the ePrivacy Directive?
- providers are required to take appropriate technical and organizational measures - safety
- member states are required to ensure confidentiality of communications and traffic - there are exceptions
- most forms of digital marketing require prior (opt-in) consent
- processing of traffic and billing data is subject to certain restrictions
- location data may be processed only if made anonymous or with consent
- subscribers must be informed before being included in any directory
When was the ePrivacy Directive amended?
What are the most pertinent changes in the 2009 amendment of the ePrivacy Directive?
- mandatory notification for personal data breaches by electronic service providers -DPA and individuals (if poses high risk)
- clarifications on scope
- right of actions against unsolicited communications
- provisions affecting 'COOKIES'
Explain what the ePrivacy Directive in Article 5(3) tells about the use of 'cookies'.
Storing of information (or gaining of access to information already stored) in the terminal equipment of the subscriber or user is only allowed on the condition that the user has given consent, having been provided with clear and comprehensive information.
Exceptions:
- for the sole purpose of carrying the transmission
- strictly necessary for the provision of an information society service explicitly requested by the subscriber or user
What did the European Data Protection Board (EDPB) adopt in 2019?
An opinion on the interplay between the ePrivacy Directive and the GDPR. It addresses:
- competence, tasks and powers of DPA's
- consistency mechanism in situations where both the GDPR and the ePrivacy Directive apply
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
