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,
    (aa) the processing of electronic communications content and of electronic communications metadata of end-users who are in the Union;
    (b)
    (c) the protection of terminal equipment information of end-users who are in the Union.
    (cb) the offering of publicly available directories of end-users of electronic communications services who are in the Union;
    (cc) the sending of direct marketing communications to end-users who are in the Union.
  2. Where the provider of an electronic communications service, the provider of a publicly available directory, or a person using electronic communications services to send direct marketing communications, or a person using processing and storage capabilities or collecting 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, within one month from the start of its activities, a representative in the Union and communicate it to the competent Supervisory Authority.
    2a. The requirements laid down in paragraph 2 shall not apply if activities listed in paragraph 1 are occasional and are unlikely to result in a risk to the fundamental rights of end-users taking into account the nature, context, scope and purpose of those activities.
  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.
  6. This Regulation applies to the processing of personal data by a provider not established in the Union, but in a place where Member State law applies by virtue of public international law.

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