6 Jul. 2022
CSC Work program 2022-2024

Article 95 – Relationship with Directive 2002/58/EC

This Regulation shall not impose additional obligations on natural or legal persons in relation to processing in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.

References

  • GDPR references
  • Fines
  • Recitals
  • Directive 95/46/EC
  • SA
  • Case-law

No GDPR article references available for this article.

No fines as mentioned in the GDPR apply to this article, although individual Member States are allowed to lay down the rules on penalties applicable to infringements of this article (Article 84).

(173) This Regulation should apply to all matters concerning the protection of fundamental rights and freedoms vis-à-vis the processing of personal data which are not subject to specific obligations with the same objective set out in Directive 2002/58/EC of the European Parliament and of the Council ( 18 ) , including the obligations on the controller and the rights of natural persons. In order to clarify the relationship between this Regulation and Directive 2002/58/EC, that Directive should be amended accordingly. Once this Regulation is adopted, Directive 2002/58/EC should be reviewed in particular in order to ensure consistency with this Regulation,

No Directive 95/46/EC equivalent available for this article.