Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter XI Final provisions

Article 89 Relationship to and amendment of Directive 2002/58/EC

October 2013

Article 89(1)

1. This Regulation shall not impose additional obligations on natural or legal persons in relation to the processing of personal data in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.

Article 89(2)

2. Articles 1(2), 4 and 15 of Directive 2002/58/EC shall be deleted.

Article 89(2a)

2a. The Commission shall present, without delay and by the date referred to in Article 91(2) at the latest, a proposal for the revision of the legal framework for the processing of personal data and the protection of privacy in electronic communications, in order to align the law with this regulation and ensure consistent and uniform legal provisions on the fundamental right to protection of personal data in the European Union.

[Source: October 2013]

Recital 135

(135) This Regulation should apply to all matters concerning the protection of fundamental rights and freedom vis--vis the processing of personal data, which are not subject to specific obligations with the same objective set out in Directive 2002/58/EC, including the obligations on the controller and the rights of individuals. In order to clarify the relationship between this Regulation and Directive 2002/58/EC, the latter Directive should be amended accordingly.

[Source: October 2013 | Notes: Recitals | Context: Recitals]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 89 clarifies the relationship to, and amends, the e-privacy Directive 2002/58/EC.

[Source: January 2012 | Context: Proposal from the European Commission]

Article 89(1)

1. This Regulation shall not impose additional obligations on natural or legal persons in relation to the processing of personal data in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.

Article 89(2) [Amended: October 2013]

2. Article 1(2) of Directive 2002/58/EC shall be deleted.

[Source: January 2012 | Context: Proposal from the European Commission]

Recital 135

(135) This Regulation should apply to all matters concerning the protection of fundamental rights and freedom vis--vis the processing of personal data, which are not subject to specific obligations with the same objective set out in Directive 2002/58/EC, including the obligations on the controller and the rights of individuals. In order to clarify the relationship between this Regulation and Directive 2002/58/EC, the latter Directive should be amended accordingly.

[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]