guidance to cloud computing providers with regard to applicable data protection and
privacy rules in Europe, but could not be formally approved, since it did not always
meet the minimal legal requirements, and its added value with respect to Directive
95/46/EC and national legislation was not always clear.
The establishment of certification mechanisms and data protection seals and
marks are also encouraged under the GDPR to promote transparency by allowing
data subjects to easily assess the level of data protection of products and services.
3 Data Protection in the Electronic Communications Sector
3.1 From the ePrivacy Directive to the ePrivacy Regulation
Since the content and metadata of electronic communications may reveal sensitive
information about the persons involved, the EU has traditionally adopted special
legislation concerning data protection for users of electronic communications services. Previously that special regime was contained in the so-called ePrivacy Directive or Directive 2002/58/EC.
26 In order to ensure consistency with the new GDPR
and to adapt the previous regime to the technological and market evolution, Directive 2002/58/EC was intended to be replaced with effect from 25 May 2018 by a the
new ePrivacy Regulation. However, pending the final approval of the new Regulation, the current survey is based on 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) of 10 January
2017 (ePrivacy Regulation).
27
The e-Privacy Regulation is regarded as lex specialis to the GDPR. It particularises and complements the general rules on the protection of personal data laid down
in the GDPR as regards electronic communications data that qualify as personal data
(Recital 6 of the ePrivacy Regulation). All matters concerning the processing of
personal data not specifically addressed by the ePrivacy Regulation are covered by
the GDPR as the general legal framework in the field. It is noteworthy that the
e-Privacy Regulation applies to both natural and legal persons who are end users of
electronic communications.
26 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning
the processing of personal data and the protection of privacy in the electronic communications
sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
27 COM (2017) 10 final.
468
P. A. de Miguel Asensio
privacy rules in Europe, but could not be formally approved, since it did not always
meet the minimal legal requirements, and its added value with respect to Directive
95/46/EC and national legislation was not always clear.
The establishment of certification mechanisms and data protection seals and
marks are also encouraged under the GDPR to promote transparency by allowing
data subjects to easily assess the level of data protection of products and services.
3 Data Protection in the Electronic Communications Sector
3.1 From the ePrivacy Directive to the ePrivacy Regulation
Since the content and metadata of electronic communications may reveal sensitive
information about the persons involved, the EU has traditionally adopted special
legislation concerning data protection for users of electronic communications services. Previously that special regime was contained in the so-called ePrivacy Directive or Directive 2002/58/EC.
26 In order to ensure consistency with the new GDPR
and to adapt the previous regime to the technological and market evolution, Directive 2002/58/EC was intended to be replaced with effect from 25 May 2018 by a the
new ePrivacy Regulation. However, pending the final approval of the new Regulation, the current survey is based on 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) of 10 January
2017 (ePrivacy Regulation).
27
The e-Privacy Regulation is regarded as lex specialis to the GDPR. It particularises and complements the general rules on the protection of personal data laid down
in the GDPR as regards electronic communications data that qualify as personal data
(Recital 6 of the ePrivacy Regulation). All matters concerning the processing of
personal data not specifically addressed by the ePrivacy Regulation are covered by
the GDPR as the general legal framework in the field. It is noteworthy that the
e-Privacy Regulation applies to both natural and legal persons who are end users of
electronic communications.
26 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning
the processing of personal data and the protection of privacy in the electronic communications
sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
27 COM (2017) 10 final.
468
P. A. de Miguel Asensio