3.2 Scope of Application
The scope of application of the ePrivacy Regulation is very much influenced by its
close connection to the EU regulatory framework for electronic communications.
The ePrivacy Regulation covers electronic communications data processed in connection with the provision and use of electronic communications services in the
Union. It applies to providers of electronic communications services, to providers of
publicly available directories, to software providers permitting electronic communications, and to persons who use electronic communications services to send direct
marketing commercial communications or collect information related to or stored in
end-users’ terminal equipment.
The ePrivacy Regulation relies on the definition of ‘electronic communications
services’ provided for by the proposal for a Directive establishing the European
Electronic Communications Code.
28 Such an approach is intended to ensure an
equal protection of end-users when using functionally equivalent services, for
instance, traditional text messages (SMS) and electronic mail conveyance services
and new messaging services and web-based e-mail services. Therefore, the definition
of ‘electronic communications services’ encompasses not only internet access services—including wireless networks provided to an undefined group of end-users in
public and semi-private spaces—and services consisting wholly or partly in the
conveyance of signals, but also interpersonal communications services, such as
voice over IP, messaging services and web-based e-mail services. The ePrivacy
Regulation covers as well interpersonal communications services that are ancillary
to another service and have communication functionality. Moreover, it applies to the
transmission of machine-to-machine communications since it is intended to ensure the
protection of privacy and confidentiality with regard to the Internet of Things.
Electronic communications services which are not publicly available are not included.
Electronic communications data are defined in Article 4 of the ePrivacy Regulation in a broad and technological neutral way. It encompasses any information
concerning the content transmitted and the information concerning an end-user
processed for the purposes of transmitting, distributing or enabling the exchange
of electronic communications content; including data to trace and identify the source
and destination of a communication, geographical location and the date, time,
duration and the type of communication. Therefore, electronic communications
metadata are covered by the Regulation.
28 Commission proposal for a Directive of the European Parliament and of the Council establishing
the European Electronic Communications Code (Recast) (COM/2016/0590 final—2016/0288
(COD)).
Data Protection in the Internet: A European Union Perspective
469
The scope of application of the ePrivacy Regulation is very much influenced by its
close connection to the EU regulatory framework for electronic communications.
The ePrivacy Regulation covers electronic communications data processed in connection with the provision and use of electronic communications services in the
Union. It applies to providers of electronic communications services, to providers of
publicly available directories, to software providers permitting electronic communications, and to persons who use electronic communications services to send direct
marketing commercial communications or collect information related to or stored in
end-users’ terminal equipment.
The ePrivacy Regulation relies on the definition of ‘electronic communications
services’ provided for by the proposal for a Directive establishing the European
Electronic Communications Code.
28 Such an approach is intended to ensure an
equal protection of end-users when using functionally equivalent services, for
instance, traditional text messages (SMS) and electronic mail conveyance services
and new messaging services and web-based e-mail services. Therefore, the definition
of ‘electronic communications services’ encompasses not only internet access services—including wireless networks provided to an undefined group of end-users in
public and semi-private spaces—and services consisting wholly or partly in the
conveyance of signals, but also interpersonal communications services, such as
voice over IP, messaging services and web-based e-mail services. The ePrivacy
Regulation covers as well interpersonal communications services that are ancillary
to another service and have communication functionality. Moreover, it applies to the
transmission of machine-to-machine communications since it is intended to ensure the
protection of privacy and confidentiality with regard to the Internet of Things.
Electronic communications services which are not publicly available are not included.
Electronic communications data are defined in Article 4 of the ePrivacy Regulation in a broad and technological neutral way. It encompasses any information
concerning the content transmitted and the information concerning an end-user
processed for the purposes of transmitting, distributing or enabling the exchange
of electronic communications content; including data to trace and identify the source
and destination of a communication, geographical location and the date, time,
duration and the type of communication. Therefore, electronic communications
metadata are covered by the Regulation.
28 Commission proposal for a Directive of the European Parliament and of the Council establishing
the European Electronic Communications Code (Recast) (COM/2016/0590 final—2016/0288
(COD)).
Data Protection in the Internet: A European Union Perspective
469