Digital Single Market
Digital Economy & Society

Action 35: Guidance on implementation of Telecoms rules on privacy


What is the problem ? Implementation of new ePrivacy rules

The EU telecoms reform package adopted on 25 November 2009 brings several changes to the Directive on privacy and electronic communications and strengthens rules on access to users' terminal equipment applicable to malware, spyware and cookies. By 25 May 2011, EU Member States had to implement the new EU telecoms rules.

Why is EU action needed ? EU can provide guidance

In as much as there is a risk of incorrect and/or inconsistent implementation across the EU the Commission should give guidance in order to achieve effective protection of ePrivacy rights and legal certainty for industry.

This action is closely linked with the Digital Agenda action 34, action 12 and action 10.

What has the Commission done? What will the Commission do?

In October 2010, guidance was provided to the Member States on the implementation of Article 5(3) of the ePrivacy Directive via the Communications Committee (Working document COCOM10-34).This document was made available to the wider public on 21 December 2010. It leaves room for industry self-regulatory solutions.

The Commission has also hosted roundtables to discuss an EU level self-regulatory initiative proposed by the advertising and media industry. In addition, Member States were asked in October 2011 to inform the Commission how they have implemented the rules, how they enforce them, including via self-regulatory schemes. The Commission will continue to monitor the process.

Infringements have meanwhile been launched against those Member States which had not fully transposed the revised telecom rules, including amendments to Article 5(3) of the ePrivacy Directive.


Online privacy and online business: An update on Do Not Track

The 5th edition of the European Dialogue on Internet Governance (EuroDIG) will bring together some 500 representatives from civil society, business, governments, parliaments and international organisations to openly discuss the most pressing issues on Internet public policy. Some of these issues will be: Are rules for Internet governance a necessity or a threat to a free Internet? Who should set the rules?; How can intellectual property be protected without criminalising users and creators?; What tools do users need to protect their personal data?; What are the responsibilities of service providers with regard to the enjoyment of rights such as freedom of expression?; Are regulations needed to protect network neutrality in Europe?
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Stockholm, Sweden

Protecting privacy in the mobile internet age

Council for Education, Youth, Culture and Sport (28-29 November)

Overview of telecoms infringement proceedings

Online privacy – reinforcing trust and confidence


Progress Report