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CHAPTER III
NATURAL AND LEGAL PERSONS‘ RIGHTS TO CONTROL ELECTRONIC COMMUNICATIONS
CHAPTER III
END-USERS‘ RIGHTS TO CONTROL ELECTRONIC COMMUNICATIONS
EU-Commision
EU-Parliament
Council
Directive 2002/58/EC4
Article 12 – Presentation and restriction of calling and connected line identification
1.Where presentation of the calling and connected line identification is offered in accordance with Article [107] of the [Directive establishing the European Electronic Communication Code], the providers of publicly available number-based interpersonal communications services shall provide the following:
(a)the calling end-user with the possibility of preventing the presentation of the calling line identification on a per call, per connection or permanent basis;
(b)the called end-user with the possibility of preventing the presentation of the calling line identification of incoming calls;
(c)the called end-user with the possibility of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling end-user;
(d)the called end-user with the possibility of preventing the presentation of the connected line identification to the calling end-user.
– unverändert / not changed –
1. Where presentation of the calling and connected line identification is offered in accordance with Article [115] of the Directive (EU) 2018/1972, the providers of number-based interpersonal communications services shall provide the following:
(a) the calling end-user with the possibility of preventing the presentation of the calling line identification on a per call, per connection or permanent basis;
(b) the called end-user with the possibility of preventing the presentation of the calling line identification of incoming calls;
(c) the called end-user with the possibility of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling end-user;
(d) the called end-user with the possibility of preventing the presentation of the connected line identification to which the calling end-user is connected.
(Article 8) Presentation and restriction of calling and connected line identification
1. Where presentation of calling line identification is offered, the service provider must offer the calling user the possibility, using a simple means and free of charge, of preventing the presentation of the calling line identification on a per-call basis. The calling subscriber must have this possibility on a per-line basis.
2. Where presentation of calling line identification is offered, the service provider must offer the called subscriber the possibility, using a simple means and free of charge for reasonable use of this function, of preventing the presentation of the calling line identification of incoming calls.
3. Where presentation of calling line identification is offered and where the calling line identification is presented prior to the call being established, the service provider must offer the called subscriber the possibility, using a simple means, of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling user or subscriber.
4. Where presentation of connected line identification is offered, the service provider must offer the called subscriber the possibility, using a simple means and free of charge, of preventing the presentation of the connected line identification to the calling user.
2. The possibilities referred to in points (a), (b), (c) and (d) of paragraph 1 shall be provided to end-users by simple means and free of charge.
– unverändert / unchanged –
2. The possibilities referred to in paragraph 1 shall be provided to end-users by simple means and free of charge.
3. Point (a) of paragraph 1 shall also apply with regard to calls to third countries originating in the Union. Points (b), (c) and (d) of paragraph 1 shall also apply to incoming calls originating in third countries.
5. Paragraph 1 shall also apply with regard to calls to third countries originating in the Community. Paragraphs 2, 3 and 4 shall also apply to incoming calls originating in third countries.
4. Where presentation of calling or connected line identification is offered, providers of publicly available number-based interpersonal communications services shall provide information to the public regarding the options set out in points (a), (b), (c) and (d) of paragraph 1.
– unverändert / unchanged –
4. Where presentation of calling or connected line identification is offered, providers of number-based interpersonal communications services shall provide information to the public regarding the options set out in paragraph 1 and the exceptions set forth in Article 13.
6. Member States shall ensure that where presentation of calling and/or connected line identification is offered, the providers of publicly available electronic communications services inform the public thereof and of the possibilities set out in paragraphs 1, 2, 3 and 4.
Article 13 -Exceptions to presentation and restriction of calling and connected line identification
… in relation to emergency communications
1. Regardless of whether the calling end-user has prevented the presentation of the calling line identification, where a call is made to emergency services, providers of publicly available number-based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of an end-user for the processing of metadata, on a per-line basis for organisations dealing with emergency communications, including public safety answering points, for the purpose of responding to such communications.
1. Regardless of whether the calling end-user has prevented the presentation of the calling line identification, where a call is made to emergency services, providers of publicly available number-based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of a user for the processing of metadata, on a per-line basis for organisations dealing with emergency communications, including public safety answering points, for the purpose of responding to such communications
1. Regardless of whether the calling end-user has prevented the presentation of the calling line identification, where emergency communications are made to emergency services, providers of number-based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of an end-user for the processing of metadata, on a per-line basis for organisations dealing with emergency communications, including public safety answering points, for the purpose of responding to such communications.
Article 10
Exceptions
Member States shall ensure that there are transparent procedures governing the way in which a provider of a public communications network and/or a publicly available electronic communications service may override:
…
(b) the elimination of the presentation of calling line identification and the temporary denial or absence of consent of a subscriber or user for the processing of location data, on a per-line basis for organisations dealing with emergency calls and recognised as such by a Member State, including law enforcement agencies, ambulance services and fire brigades, for the purpose of responding to such calls.
1a. Regardless whether the called end-user rejects incoming calls where the presentation of the calling line identification has been prevented by the calling end-user, providers of number-based interpersonal communications services shall override this choice, where technically possible, when the calling end-user is an organisation dealing with emergency communications, including public safety answering points, for the purpose of responding to such communications.
2. Member States shall establish more specific provisions with regard to the establishment of procedures and the circumstances where providers of publicly available number-based interpersonal communication services shall override the elimination of the presentation of the calling line identification on a temporary basis, where end-users request the tracing of malicious or nuisance calls.
2. The Commission shall be empowered to adopt implementing measures in accordance with Article 26(1) with regard to the establishment of procedures and the circumstances where providers of publicly available number-based interpersonal communication services shall override the elimination of the presentation of the calling line identification on a temporary basis, where users request the tracing of malicious or nuisance calls.
– gelöscht / deleted –
Member States shall ensure that there are transparent procedures governing the way in which a provider of a public communications network and/or a publicly available electronic communications service may override:
(a) the elimination of the presentation of calling line identification, on a temporary basis, upon application of a subscriber requesting the tracing of malicious or nuisance calls. In this case, in accordance with national law, the data containing the identification of the calling subscriber will be stored and be made available by the provider of a public communications network and/or publicly available electronic communications service;
3. Notwithstanding Article 8(1), regardless of whether the end-user has prevented access to the terminal equipment’s Global Navigation Satellite Systems (GNSS) capabilities or other types of terminal equipment based location data through the terminal equipment settings, when a call is made to emergency services, such settings may not prevent access to
GNSSsuch location data to determine and provide thecallercalling end-user’s location toemergency servicesan organisation dealing with emergency communications, including public safety answering points, for the purpose of responding to such calls.Article 14 – Incoming call blocking
Article 14 Blocking Unwanted, malicious or nuisance calls
Providers of publicly available number-based interpersonal communications services shall deploy state of the art measures to limit the reception of unwanted calls by end-users and shall also provide the called end-user with the following possibilities, free of charge:
(a) to block incoming calls from specific numbers or from anonymous sources;
(b) to stop automatic call forwarding by a third party to the end-user’s terminal equipment.
Providers of publicly available number-based interpersonal communications services provide the called end-user with the following possibilities, free of charge:
(a) to block incoming calls from specific numbers, or numbers having a specific code or prefix identifying the fact that the call is a marketing call referred to in Article 16(3)(b), or from anonymous sources;
(b) to stop automatic call forwarding by a third party to the user’s terminal equipment.
1. Providers of number-based interpersonal communications services shall deploy state of the art measures to limit the reception of unwanted, malicious or nuisance calls by end-users.
1a. Member States shall establish more specific provisions with regard to the establishment of transparent procedures and the circumstances where providers of number-based interpersonal communication services shall override, or otherwise address, the elimination of the presentation of the calling line identification on a temporary basis, where end-users request the tracing of unwanted, malicious or nuisance calls.
2. Providers of number-based interpersonal communications services shall also provide the called end-user with the following possibilities, free of charge:
(a) to block, where technically feasible, incoming calls from specific numbers or from anonymous sources or from numbers using a specific code or prefix referred to in Article 16(3a); and
(b) to stop automatic call forwarding by a third party to the end-user’s terminal equipment.
(Article 11) Automatic call forwarding
Member States shall ensure that any subscriber has the possibility, using a simple means and free of charge, of stopping automatic call forwarding by a third party to the subscriber’s terminal.
Article 15 – Publicly available directories
1. The providers of publicly available directories shall obtain the consent of end-users who are natural persons to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end-users who are natural persons the means to verify, correct and delete such data.
1. Without prejudice to Articles 12 to 22 of Regulation (EU) 2016/679, the electronic communication services providers shall obtain the consent of users to include their personal data in the publicly available directory and, consequently, shall obtain consent from these users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory. Electronic communication service providers shall give users the means to verify, correct, update, supplement and delete such data. When electronic communication service providers obtain consent of users, they shall make users‘ data available for public directory providers in an immediate, non-discriminatory and fair manner.
1. The providers of number-based interpersonal communications services shall obtain the consent of end-users who are natural persons to include their personal data in the directory and for inclusion of such data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory.
1aa. Notwithstanding paragraph 1, Member States may provide by law that the inclusion of personal data of an end-user who is a natural person in a publicly available directory can take place provided that the end-user who is a natural person shall have the right to object to such inclusion.
(Article 12) Directories of subscribers
1. Member States shall ensure that subscribers are informed, free of charge and before they are included in the directory, about the purpose(s) of a printed or electronic directory of subscribers available to the public or obtainable through directory enquiry services, in which their personal data can be included and of any further usage possibilities based on search functions embedded in electronic versions of the directory.
2. The providers of a publicly available directory shall inform end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such search functions related to their own data.
2. The providers of a publicly available directory shall inform users whose personal data are in the directory of the available search functions of the directory and provide the users the option to disable such search functions related to their own data.
2. The providers of number-based interpersonal communications services shall inform end-users who are natural persons whose personal data are in the directory of any search functions that is not based on name or number in the directory and obtain the consent of end-users’ before enabling such search functions related to their own data.
3. Member States may require that for any purpose of a public directory other than the search of contact details of persons on the basis of their name and, where necessary, a minimum of other identifiers, additional consent be asked of the subscribers.
3. The providers of publicly available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.
3. The electronic communication service providers shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Electronic communication service providers shall give such end-users that are legal persons the means to verify, correct and delete such data. For the purposes of this Article, natural persons acting in a professional capacity, such as independent professionals, operators of small businesses or freelancers, shall be equated with legal persons, as regards their data related to their professional capacity.
3. The providers of number-based interpersonal communications services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory.
3a. The providers of number-based interpersonal communications services shall give end-users the means to verify, correct and delete data included in a publicly available directory.
3aa. Notwithstanding paragraphs 1aa to 3a, Member States may provide by law that the requirements under those paragraphs apply to providers of publicly available directories, in addition to or instead of, providers of number-based interpersonal communications services.
4. Paragraphs 1 and 2 shall apply to subscribers who are natural persons. Member States shall also ensure, in the framework of Community law and applicable national legislation, that the legitimate interests of subscribers other than natural persons with regard to their entry in public directories are sufficiently protected.
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge.
4. Without prejudice to Article 12(5) of Regulation (EU) 2016/679, the information to the users and the possibility not to be included in a publicly available directory, or to verify, correct, update, supplement and delete any data related to them shall be provided free of charge and in an easily accessible manner by the electronic communication services providers.
– unverändert / unchanged –
2. Member States shall ensure that subscribers are given the opportunity to determine whether their personal data are included in a public directory, and if so, which, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory, and to verify, correct or withdraw such data. Not being included in a public subscriber directory, verifying, correcting or withdrawing personal data from it shall be free of charge.
4 a. Where the personal data of the users of number- based interpersonal communications services have been included in a publicly available directory before this Regulation enters into force, the personal data of such users may remain included in a publicly available directory, including versions with search functions, unless the users have expressed their objection against their data being included in the directory or against available search functions related to their data.
4a. Where the personal data of the end-users of number based interpersonal communications services have been included in a publicly available directory before this Regulation enters into force, the personal data of such end-users may remain included in a publicly available directory, including version with search functions, unless the end-users have expressed their objection against their data being included in the directory or against the use of available search functions related to their data.
Article 16 – Unsolicited communications
Article 16 – Unsolicited and direct marketing communications
Article 13 – Unsolicited communications
1. Natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end-users who are natural persons that have given their consent.
1. The use by natural or legal persons of electronic communications services, including automated calling, communications systems, semi-automated systems that connect the call person to an individual, faxes, e-mail or other use of electronic communications services for the purposes of presenting or sending direct marketing communications to users, shall be allowed only in respect of users who have given their prior consent.
1. Natural or legal persons shall be prohibited from using electronic communications services for the purposes of sending direct marketing communications to end-users who are natural persons unless they have given their prior consent.
1. The use of automated calling systems without human intervention (automatic calling machines), facsimile machines (fax) or electronic mail for the purposes of direct marketing may only be allowed in respect of subscribers who have given their prior consent.
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The customer shall be informed about the right to object and shall be given an easy way to exercise it at the time of collection and each time a message is sent.
2. Notwithstanding paragraph 1, where a natural or legal person obtains contact details for electronic message from end-users who are natural persons, in the context of the purchase of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these contact details for direct marketing of its own similar products or services only if such end-users are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection of such end-users‘ contact details and, if that end-user has not initially refused that use, each time when a natural or legal persons sends a message to that end-user for the purpose of such direct marketing.
2. Notwithstanding paragraph 1, where a natural or legal person obtains from its customers their electronic contact details for electronic mail, in the context of the sale of a product or a service, in accordance with Directive 95/46/EC, the same natural or legal person may use these electronic contact details for direct marketing of its own similar products or services provided that customers clearly and distinctly are given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details when they are collected and on the occasion of each message in case the customer has not initially refused such use.
2a. Member States may provide by law a set period of time, after the sale of the product or service occurred, within which a natural or legal person may use contact details of the end-user who is a natural person for direct marketing purposes, as provided for in paragraph.
3.Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall:
(a)present the identity of a line on which they can be contacted; or
(b)present a specific code/or prefix identifying the fact that the call is a marketing call.
– unverändert / unchanged –
3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall present the calling line identification assigned to them.
3. Member States shall take appropriate measures to ensure that, free of charge, unsolicited communications for purposes of direct marketing, in cases other than those referred to in paragraphs 1 and 2, are not allowed either without the consent of the subscribers concerned or in respect of subscribers who do not wish to receive these communications, the choice between these options to be determined by national legislation.
3 a. The masking of the identity and the use of false identities, false return addresses or numbers while sending unsolicited communications for direct marketing purposes is prohibited.
3a. Member States may require natural or legal person using electronic communications services for the purposes of placing direct marketing calls to present a specific code or prefix identifying the fact that the call is a direct marketing call in addition to the obligation set out in paragraph 3. Member State requiring the use of such a specific code or prefix shall make it available for the natural or legal persons who use electronic communications services for the purposes of direct marketing calls.
4. In any event, the practice of sending electronic mail for purposes of direct marketing disguising or concealing the identity of the sender on whose behalf the communication is made, or without a valid address to which the recipient may send a request that such communications cease, shall be prohibited.
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural persons shall only be allowed in respect of end-users who are natural persons who have not expressed their objection to receiving those communications.
4. Notwithstanding paragraph 1, the placing of direct marketing voice-to-voice calls to users shall only be allowed in respect of users who have not expressed their objection to receiving those communications. Member States shall provide that users can object to receiving the direct marketing voice-to-voice calls via a Do Not Call Register, thereby also ensuring that the user needs to opt- out only once.
– unverändert / unchanged –
5. Paragraphs 1 and 3 shall apply to subscribers who are natural persons. Member States shall also ensure, in the framework of Community law and applicable national legislation, that the legitimate interests of subscribers other than natural persons with regard to unsolicited communications are sufficiently protected.
5. Member States shall ensure, in the framework of Union law and applicable national law, that the legitimate interest of end-users that are legal persons with regard to unsolicited communications sent by means set forth under paragraph 1 are sufficiently protected.
– unverändert / unchanged –
5. Member States shall ensure, in the framework of Union law and applicable national law, that the legitimate interest of end-users that are legal persons with regard to direct marketing communications sent by means set forth under paragraph 1 are sufficiently protected.
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner, to receiving further marketing communications.
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner and free of charge, to receiving further marketing communications.
6. Any natural or legal person using electronic communications services to send direct marketing communications shall, each time a direct marketing communication is sent:
(a) reveal his or its identity and use effective return addresses or numbers;
(b) inform end-users of the marketing nature of the communication and the identity and contact details of the legal or natural person on behalf of whom the direct marketing communication is sent;
(c)
(d) clearly and distinctly give the end-users who are natural persons a means to object or to withdraw their consent, free of charge, at any time, and in an easy and effective manner, to receiving further direct marketing communications, and shall provide the necessary information to this end. This means shall also be given at the time of collection of the contact details according to paragraph 2. It shall be as easy to withdraw as to give consent.
7. The Commission shall be empowered to adopt implementing measures in accordance with Article 26(2) specifying the code/or prefix to identify marketing calls, pursuant to point (b) of paragraph 3.
7. The Commission shall be empowered to adopt implementing measures in accordance with Article 26(1) specifying the code/or prefix to identify marketing calls, pursuant to point (b) of paragraph 3.
– gelöscht / deleted –
Article 17 – Information about detected security risks
– gelöscht / deleted –
In the case of a particular risk that may compromise the security of networks and electronic communications services, the provider of an electronic communications service shall inform end-users concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform end-users of any possible remedies, including an indication of the likely costs involved.
(1) Providers of electronic communications services shall comply with the security obligations as prescribed Regulation (EU) 2016/679 and [European Electronic Communications Code]. As regards the security of networks and services and related security obligations, the obligations of Article 40 of the [European Electronic Communications Code] shall apply mutatis mutandis to all services in the scope of this Regulation. This Article shall be without prejudice to the obligations provided for in Articles 32 to 34 of Regulation (EU) 2016/679 and the obligations provided for in Directive (EU) 2016/1148.
– gelöscht / deleted –
(1a) Providers of electronic communications services shall ensure that there is sufficient protection in place against unauthorised access or alterations to the electronic communications data, and that the confidentiality and integrity of the communication in transmission or stored are also guaranteed by technical measures according to the state of the art, such as cryptographic methods including end-to-end encryption of the electronic communications data. When encryption of electronic communications data is used, decryption by anybody else than the user shall be prohibited. Notwithstanding Articles 11a and 11b of this Regulation, member States shall not impose any obligations on electronic communications service providers or software manufacturers that would result in the weakening of the confidentiality and integrity of their networks and services or the terminal equipment, including the encryption methods used.
(Article 4) Security
1. The provider of a publicly available electronic communications service must take appropriate technical and organisational measures to safeguard security of its services, if necessary in conjunction with the provider of the public communications network with respect to network security. Having regard to the state of the art and the cost of their implementation, these measures shall ensure a level of security appropriate to the risk presented.
(1b) Providers of electronic communications services, providers of information society services, and manufacturers of software permitting the retrieval and presentation of information on the internet shall not use any means, no matter if technical, operational, or by terms of use or by contracts, that could prevent users and subscribers from applying the best available techniques against intrusions and interceptions and to secure their networks, terminal equipment and electronic communications. Notwithstanding Articles 11a and 11b of this Regulation, breaking, decrypting, restricting or circumventing such measure taken by users or subscribers shall be prohibited.
(1c) In the case of a particular risk that may compromise the security of networks, electronic communications services, information society services or software, the relevant provider or manufacturer shall inform all subscribers of such a risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform subscribers of any possible remedies. It shall also inform the relevant manufacturer and service provider.
2. In case of a particular risk of a breach of the security of the network, the provider of a publicly available electronic communications service must inform the subscribers concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies, including an indication of the likely costs involved.