EU: Recast of the Telecommunications Directive (2002/58/EC) as of 12/18/2009

Category: Nachrichten, Gesetz
By: K. Schiefer - 2B Advice GmbH - the privacy benchmark

New legislation signed on 11/25/2009 by the President of the European Parliament will bring some changes to the telecommunications sector.

 

The recast Telecommunications Directive (2002/58/EC) brings major changes in three areas. First, restrictions on Internet access by a user in future may only be made "if they are reasonable, proportionate and necessary in a democratic society". Secondly, more competition in the telecommunications market should emerge through a number of measures. Thirdly, the directive also sets out new rules on data protection. These may entail a certain degree of sensitivity.

 

Article 5, paragraph 3 of the directive will provide in future that cookies may not be installed on a PC without the consent of the Internet user. In addition, prior information in accordance with Directive 95/46/EC (Data Protection Directive) will be required primarily for the purpose of processing. Some exceptions include cases in which the storage is necessary solely for the use of a service.

 

For this new instrument, the equally new Recital 52a of the directive contains a number of further notes. For example, the information for the user must be clear and understandable. It is particularly significant, however, that after this recital the browser settings or other user application can also be assumed to be a form of consent, if this is technically feasible and effective and complies with the relevant parts of Directive 95/46/EC (Data Protection Directive).

 

This change of policy will not translate into concrete impacts on businesses initially, since the directive requires changes in national legislation. The directive is thus non-binding for companies — as opposed to future laws based on this directive. These will not, however, differ substantially from the most recently reported reforms. The full consequences of the impact on the use of cookies and the Internet services based on them, for example targeting services, cannot yet be fully assessed.

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