ePrivacy Regulation Proposal Article 6

Permitted processing of electronic communications data

  1. Providers of electronic communications networks and services shall be permitted to process electronic communications data only if:
    (a) it is necessary to provide an electronic communication service; or
    (b) it is necessary to maintain or restore the security of electronic communications networks and services, or detect technical faults, errors, security risks or attacks on electronic communications networks and services;
    (c) it is necessary to detect or prevent security risks or attacks on end-users’ terminal equipment;
    (d) it is necessary for compliance with a legal obligation to which the provider is subject laid down by Union or Member State law, which respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the safeguarding against and the prevention of threats to public security.
  2. Electronic communications data shall only be permitted to be processed for the duration necessary for the specified purpose or purposes according to Articles 6 to 6c and if the specified purpose or purposes cannot be fulfilled by processing information that is made anonymous.
  3. A third party acting on behalf of a provider of electronic communications network or services may be permitted to process electronic communications data in accordance with Articles 6 to 6c provided that the conditions laid down in Article 28 of Regulation (EU) 2016/679 are met.

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