EU regulatory framework for electronic communications—ePrivacy Directive
Produced in partnership with David Stewart of Towerhouse LLP
EU regulatory framework for electronic communications—ePrivacy Directive

The following Commercial guidance note Produced in partnership with David Stewart of Towerhouse LLP provides comprehensive and up to date legal information covering:

  • EU regulatory framework for electronic communications—ePrivacy Directive
  • Proposed Regulation on Privacy and Electronic Communications and Brexit
  • The ePrivacy Directive

In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework (the Framework) comprising five directives, including Directive 2002/58/EC (the ePrivacy Directive). See Practice Note: EU regulatory framework for electronic communications.

With the exception of the ePrivacy Directive, in December 2018 the directives which make up the Framework were consolidated and replaced by the European Electronic Communications Code. Directive (EU) 2018/1972 establishing the European Electronic Communications Code was adopted by the Council of the EU on 3 December 2018, with publication in the Official Journal of the EU on 17 December 2018 and entry into force three days after publication. Member States have 21 December 2020 to transpose the Code into national law. Therefore, for practical purposes, the provisions of the Framework will continue to apply until the Code is implemented.

With regard to the ePrivacy Directive, this has not been consolidated into the Code and will instead be replaced by a proposed ePrivacy Regulation which is still going through the legislative process (see below for further information).

References to the Framework in this Practice Note refer to the Framework as presently implemented into UK law.

The objective of the Framework is to establish a harmonised framework for the regulation of electronic communications networks and services through the EU. It identifies specific policy objectives