The European ePrivacy Regulation (Council Proposal 10.02.2021)

ePrivacy Regulation, Article 2, Material Scope.

1. This Regulation applies to:

(a) the processing of electronic communications content and of electronic communications metadata carried out in connection with the provision and the use of electronic communications services;

(b) end-users' terminal equipment information.

(c) the offering of a publicly available directory of end-users of electronic communications services;

(d) the sending of direct marketing communications to end-users.

2. This Regulation does not apply to:

(a) activities, which fall outside the scope of Union law, and in any event measures, processing activities and operations concerning national security and defence, regardless of who is carrying out those activities whether it is a public authority or a private operator acting at the request of a public authority;

(b) activities of the Member States which fall within the scope of Chapter 2 of Title V of the Treaty on European Union;

(c) electronic communications services which are not publicly available;

(d) activities, including data processing activities, of competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;

(e) electronic communications data processed after receipt by the end-user concerned,

4. This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.

5. This Regulation shall be without prejudice to the provisions of Directive 2014/53/EU.

Note: This is not the final text of the ePrivacy Regulation. This is the text of the ePrivacy Regulation Proposal of the Council of the European Union from 10.2.2021.