Article 95
Relationship with Directive 2002/58/EC

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(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,

There is no recital in the Directive related to article 95.

The GDPR

Article 95 clarifies the link with Directive 2002/58/EC of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector.

The Regulation does not impose any additional obligations in the provision of electronic communications services available to the public on public networks of communications in the Union, for the areas in which they are submitted to specific obligations having the same purpose as those set out in Directive 2002/58/EC.

According to recital 173, the future Regulation is intended to apply to all aspects of the protection of rights and freedoms with respect to the personal data processing, unless specific obligations with the same purpose are set out in the Directive 2002/58/EC. The Regulation calls for a revision of Directive 2002/58/EC to ensure consistency with the new European text.

The Directive

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Potential issues

We do not see a priori any specific implementation difficulties. 

Regulation
1e 2e

Art. 95

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.

1st proposal close

Art. 89

1. This Regulation shall not impose additional obligations on natural or legal persons in relation to the processing of personal data 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.

2 Article 1(2) of Directive 2002/58/EC shall be deleted.

2nd proposal close

Art. 89

1. This Regulation shall not impose additional obligations on natural or legal persons in relation to the processing of personal data 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.

2 (…)

Directive close

No specific provision

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