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ePrivacy Regulation Proposal Article 8

Protection of information stored in terminal equipment of end-users and related to or processed by or emitted by equipment

  1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the end-user concerned shall be prohibited, except on the following grounds:
    (a) it is necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network; or
    (b) the end-user has given his or her consent; or
    (c) it is necessary for providing an information society service requested by the end-user; or
    (d) it is necessary for audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user or by a third party on behalf of the provider of the information society service provided that conditions laid down in Article 28 of Regulation (EU) 2016/679 are met.; or
    (e) it is necessary for a security update provided that:
    (i) security updates are necessary and do not in any way change the privacy settings chosen by the end-user are not changed
    (ii) the end-user is informed in advance each time an update is being installed, and
    (iii) the end-user is given the possibility to postpone or turn off the automatic installation of these updates; or
    (f) it is necessary to locate, at the time of the incident, a caller of an emergency call from the terminal by organisations dealing with emergency communications.
  2. The collection of information emitted by terminal equipment of the end-user to enable it to connect to another device and, or to network equipment shall be prohibited, except on the following grounds:
    (a) it is done exclusively in order to, for the time necessary for, and for the purpose of establishing a connection; or
    (b) the end-user has given his or her consent; or
    (c) it is necessary for the purpose of statistical counting that is limited in time and space to the extent necessary for this purpose and the data is made anonymous or erased as soon as it is no longer needed for this purpose.
  3. The information to be provided pursuant to paragraph 2a may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible, intelligible and clearly legible manner.
  4. [The Commission shall be empowered to adopt delegated acts in accordance with Article 2 determining the information to be presented by the standardized icon and the procedures for providing standardized icons.]

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