Directive on Privacy and Electronic Communications

The Directive on privacy and electronic communications (also: ePrivacy Directive) is the European Community adopted in 2002, sets binding minimum standards for the privacy of telecommunications policy.

Purpose and content

The directive on the one hand the fundamental rights and the privacy of the residents of the European Union are protected, on the other hand, the free data and goods between EU Member States be guaranteed. The Directive complements Directive 95/46/EC ( Data Protection Directive) of 1995.

The Directive, EU Member States are required to adopt telecom specific data protection regulations to prohibit, for example, listening in on telephone conversations and intercepting e-mails. The Directive also contains provisions to itemized bills to the capabilities of the display and suppression of phone numbers, automatic call forwarding and regarding toll-free and revocable inclusion in directories.

Forerunner of the Directive on privacy and electronic communications was Directive 97/66/EC, known colloquially as "ISDN Directive". This occurred 31 October 2003 suspended.

Transposition into national law

Directive 2002/58/EC had to like all policies of the European Union to be implemented in national law. The Republic of Austria, the policy with the Telecommunications Act 2003 ( Federal Law Gazette I No. 70 /2003) implemented on time. The Federal Republic of Germany failed to timely implementation. The European Commission initiated an infringement procedure against Germany. Mid-2004, transformed Germany then the Directive on privacy and electronic communications into German law. For this, the German Federal Telecommunications Act was amended (Federal Law Gazette I 2004 S. 1190 et seq.)