← Global Privacy Laws Research Library

European Union
DirectiveCurrent

Directive 2002/58/EC concerning the processing of personal data and protection of privacy in the electronic communications sector

ePrivacy Directive: Directive 2002/58/EC: European Union

Prepared by Shubhank Suman · Last reviewed

In force

Legal character
EU Directive
Region
Europe
Adopted
12 July 2002

What it covers

The ePrivacy Directive is the EU's sector-specific privacy framework for electronic communications.

It regulates:

  • confidentiality of communications
  • traffic data
  • location data
  • communications security
  • caller/connected-line identification
  • directories
  • unsolicited electronic communications
  • access to or storage of information on terminal equipment.

EUR-Lex maintains Directive 2002/58/EC as the relevant ePrivacy Directive (EUR-Lex)

Why it matters

It is frequently misunderstood as a substitute for GDPR.

It is not.

The correct relationship is broadly:

GDPR = general personal-data framework

ePrivacy Directive = specific electronic-communications/privacy layer

This distinction becomes particularly important for cookies and other tracking technologies.

Refer to it when

  • Implementing cookies
  • evaluating tracking technologies
  • analysing terminal-equipment access
  • electronic marketing
  • telecommunications
  • traffic/location data
  • communications confidentiality
  • electronic communications security.

AI, privacy and cybersecurity relevance

  • AI: Moderate
  • Privacy: Very High
  • Cyber: High

AI

Low/Moderate.

The Directive is not an AI instrument.

It becomes relevant when AI-enabled communications or tracking technologies involve:

  • terminal-device data
  • communications metadata
  • electronic marketing
  • location information.

Cybersecurity

High.

Article 4 is directly focused on electronic-communications security.

Applicability

Implemented through Member-State law and directed at covered electronic communications networks/services and related processing.

Current validity

CURRENT AND IN FORCE.

The EU has considered broader ePrivacy reform, but the proposed ePrivacy Regulation was never adopted; the Directive remains the operative text.

Read first

Article 4 → Article 5 → Article 5(3) → Article 6 → Article 9 → Article 13 → Article 15.

Provisions / sections covered

Article 4: Security

Electronic communications service providers must implement appropriate technical and organisational security measures proportionate to the risk. They must inform subscribers of particular security risks in specified circumstances (EUR-Lex)

Article 5: Confidentiality

Protects the confidentiality of communications and associated traffic data.

Article 5(3) is especially important for websites because it regulates storing information in or accessing information from a user's terminal equipment. It requires clear information and the right to refuse such processing, subject to specified exceptions for technically necessary communications/service functions (EUR-Lex)

Article 6: Traffic data

Traffic data must generally be erased or anonymised when no longer necessary for transmission, subject to specified exceptions (EUR-Lex)

Article 9: Location data

Non-traffic location data may generally be processed only where anonymised or with consent, subject to specified value-added-service conditions (EUR-Lex)

Article 13: Unsolicited communications

Regulates electronic direct marketing, including automated calls, fax and email.

Prior consent is generally required for automated calling systems, fax and email marketing, subject to the existing-customer exception and national implementation details (EUR-Lex)

Article 15: Restrictions

Allows Member States to restrict certain rights/obligations for specified purposes such as national security, defence, public security and criminal-law enforcement, subject to necessity/proportionality conditions (EUR-Lex)

Subject-matter tags

  • Consent
  • Security
  • Cross-border transfers
  • Direct marketing
  • Cookies and tracking
  • Enforcement and penalties
  • Anonymisation

Subject-matter tags describe what the indexed text discusses. They are not legal conclusions.

Related instruments in this library

Document page in the Knowledge Base - full text or PDF where it is available for this record.

This library locates primary and official sources. It does not interpret the law and it is not legal advice.