BETA

42 Amendments of Sabine VERHEYEN related to 2017/0003(COD)

Sabine VERHEYEN

Proposal for a regulation
Recital 12

(12) Connected devices and machines increasingly communicate with each other by using electronic communications networks (Internet of Things). The transmission of machine-to-machine communications involves the conveyance of signals over a network and, hence, usually constitutes an electronic communications service. In order to ensure full protection of the rights to privacy and confidentiality of communications, and to promote a trusted and secure Internet of Things in the digital single market, it is necessary to clarify that this Regulation should apply to the transmission of machine-to- machine communications. Therefore, the principle of confidentiality enshrined in this Regulation should also apply to the transmission of machine-to-machine communications. Specific safeguards could also be adopted under sectorial legislation, as for instance Directive 2014/53/EU.deleted

2017/07/03
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Recital 16

(16) The prohibition of storage of communications during conveyance is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.

2017/07/03
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Recital 17

(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata~~, based on end- users consent~~ in accordance with Regulation (EU) 2016/679. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to ~~obtain end-users' consent to~~comply with Regulation (EU) 2016/679 when processing electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colours to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.

2017/07/03
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Recital 20

(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual's emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, and hidden identifiers~~, tracking cookies and other similar unwanted tracking tools~~ can enter end- user's terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user's terminal equipment should be allowed only with the end-user's consent and for specific and transparent purposes.

2017/07/03
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 1 – paragraph 2

(2) This Regulation ensures, in accordance with Regulation (EU) No 2016/679, free movement of electronic communications data and electronic communications services within the Union, which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural ~~and legal~~ persons and the protection of natural persons with regard to the processing of personal data.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 1 – paragraph 3

~~(3) The provisions of this Regulation particularise and complement Regulation (EU) 2016/679 by laying down specific rules for the purposes mentioned in paragraphs 1 and 2.~~deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 2 – paragraph 1

(1) This Regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services ~~and to information related to the terminal equipment of end-users~~.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 2 – paragraph 2 – point c

(c) electronic communications services which are not publicly available pursuant to Article 2(2)(c) of Regulation (EU) No 2016/679;

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 3 – paragraph 2

(2) Where the provider of an electronic communications service is not established in the Union ~~it shall designate in writing a representative in the Union~~, Article 27 of Regulation (EU) No 2016/679 shall apply.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 5 – title

Confidentiality of electronic communications ~~data~~content

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 5 – paragraph 1

Electronic communications data shall be confidential. Any interference with electronic communications data during conveyance, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or processing of electronic communications ~~data~~content, by persons other than the end- users, shall be prohibited, except when permitted by this Regulation.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 6 – paragraph 2

(2) Providers of electronic communications services may process electronic communications metadata if: (a) it is necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/212028 for the duration necessary for that purpose; (b) it is necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communications services; or (c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous. _________________ 28Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1).deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. Article 6 of Regulation (EU) No 2016/679 shall apply.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 7 – paragraph 2

(2) Without prejudice to point (b) of Article 6(1) ~~and points (a) and (c) of Article 6(2)~~, the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 7 – paragraph 3

(3) Where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point (b) of Article 6(2), the relevant metadata may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law.deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) it is necessary for providing an information society service requested by the end-user, particularly in order to preserve the integrity or security of the information society service or access to it, to improve what is offered or for measures to protect against unauthorised use of the service in accordance with the terms and conditions of use relating to the provision of services to the end-user; or

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)

(ca) it occurs for purposes of the settlement of payments under contracts concerning the sale of products or services, provided that the contract pertaining thereto has been concluded on- line; or

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) if it is necessary ~~for web audienc~~in order to measure the mrea~~suring, provided that such measurement is carried out by the provider of the information society service requested by the end-user~~ch of an information society service desired by the end-user, including measurement of indicators for the use of information society services in order to calculate a payment due.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)

(da) it occurs for the purpose of recording, for the undertaking as a whole, anonymous indicators concerning the use of information society services; or

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)

(db) in order to mark terminal equipment for advertising purposes, on condition that the person responsible has clearly informed the end-user of this at the beginning of the data processing and has provided an opportunity for objection that is easy to exercise.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2

The collection of such information shall be conditional on the application of appropriate technical and organisational measures to limit the collection and processing of information to the purposes required therefor and ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4(5) of Regulation (EU) No 2016/679.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 9 – paragraph 1

(1) The definition of and conditions for consent provided for under Articles 4(11) and 7(1), (2) and (3) of Regulation (EU) 2016/679~~/EU~~ shall apply.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 9 – paragraph 2

(2) Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet.deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 9 – paragraph 3

(3) End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 10

Information and options for privacy (1) Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipment. (2) Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting. (3) In the case of software which has already been installed on 25 May 2018, the requirements under paragraphs 1 and 2 shall be complied with at the time of the first update of the software, but no later than 25 August 2018.Article 10 deleted settings to be provided

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 10 a (new)

Article 10a Article 25 of Regulation (EU) No 2016/679 shall apply.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 15 – paragraph 1

(1) The providers of ~~publicly available directories shall obtain the consent~~electronic information, communications and telecommunications services shall collect the data of end-users who are natural persons in order 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 thepublicly accessible directories. They shall give end-users that are natural persons the right to object to data related to them being included in directoryies. Providers shall give end-users who are natural persons the means to verify, correct, update, supplement and delete such data.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 15 – paragraph 2

(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~~, which they shall do there. The providers of electronic information, communications and telecommunications services shall inform end-users when new search functions are~~lated to their own data~~ made available.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 15 – paragraph 3

(3) The providers of ~~publicly available directori~~electronic information, communications and telecommunications services 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, update, supplement and delete such data. Natural persons acting for an economic purpose, such as independent professionals, operators of small businesses or freelancers, shall be equated with legal persons.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 15 – paragraph 4

(4) The possibility for end-users 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.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 15 – paragraph 4 a (new)

4a. The provisions of paragraphs 1 to 4 shall not apply to data and information published in other publicly accessible sources and data provided by end-users themselves.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 15 – paragraph 4 b (new)

4b. Any undertaking which provides publicly accessible information, communications or telecommunications services and which issues or uses telephone numbers, user names or other means of user identification shall be required, upon request and with due regard for provisions relating to data protection, to make subscriber data available to any undertaking which provides or operates directory or information services, in order to provide publicly accessible directory or information services. The data shall be communicated immediately and in a non- discriminatory manner.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 16

(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. (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. (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. (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. (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. (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. (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.Article 16 deleted Unsolicited communications

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 17

Information about detected security risks 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.Article 17 deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 21 – paragraph 2

(2) Any natural or legal person other than end-users adversely affected by infringements of this Regulation and having a legitimate interest in the cessation or prohibition of alleged infringements, including a provider of electronic communications services protecting its legitimate business interests, shall have a right to bring legal proceedings in respect of such infringements.deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 22 – paragraph 1

Any end-user of electronic communications services who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the infringer for the damage suffered, unless the infringer proves that it is not in any way responsible for the event giving rise to the damage in accordance with Article 82 of Regulation (EU) 2016/679.deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 23

~~[...]~~deleted

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 23 a (new)

Article 23a Article 83 of Regulation (EU) No 2016/679 shall apply.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 24

(1) Member States shall lay down the rules on other penalties applicable to infringements of this Regulation in particular for infringements which are not subject to administrative fines pursuant to Article 23, and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive. (2) Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 1, no later than 18 months after the date set forth under Article 29(2) and, without delay, any subsequent amendment affecting them.Article 24 deleted Penalties

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 24 a (new)

Article 24a Article 84 of Regulation (EU) No 2016/679 shall apply.

2017/07/12
Committee: IMCO

Sabine VERHEYEN

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1

It shall apply from 25 May 20189.

2017/07/12
Committee: IMCO