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ePrivacy |

ePrivacy Regulation Proposal Article 3

Territorial scope and representative

  1. This Regulation applies to:
    (a) the provision of electronic communications services to end-users who are in the Union,
    (b) the protection of information processed by or emitted by or stored in the terminal equipment of end-users who are in the Union.
  2. Where the provider of an electronic communications service, the provider of a publicly available directory or the provider of software enabling electronic communications or a person using electronic communications services to send or present direct marketing communications or makes use of processing and storage capabilities or collects information processed by or emitted by or stored in the end-users’ terminal equipment is not established in the Union it shall designate in writing a representative in the Union.
  3. The representative shall be established in one of the Member States where the end-users of such electronic communications services are located.
  4. The representative shall be mandated by the provider or person it represents to be addressed in addition to or instead of the provider it represents, in particular, to supervisory authorities, and end-users, on all issues related to processing electronic communications data for the purposes of ensuring compliance with this Regulation.
  5. The designation of a representative pursuant to paragraph 2 shall be without prejudice to legal actions, which could be initiated against the provider or person it represents.

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1–16).

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