Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated text

Article 95 Relationship with Directive 2002/58/EC

Summary What does Article 95 of the GDPR regulation say?

This article is a relatively brief but important carve-out that addresses the relationship between the GDPR and Directive 2002/58/EC (the ePrivacy Directive).

It clarifies that where natural or legal persons are already subject to specific obligations under that Directive covering the same ground, the GDPR will not layer on additional obligations on top of them in those specific areas.

In essence, it prevents double regulation for those providing publicly available electronic communications services over public communication networks in the Union.

Important points:

Natural or legal persons providing publicly available electronic communications services in public communication networks are shielded from duplicative obligations where Directive 2002/58/EC already applies to the same matter.
This article does not remove GDPR obligations entirely — it only limits additional burdens where the ePrivacy Directive already addresses the same objective.
The scope is limited to processing carried out in connection with the provision of those specific services; activities falling outside that scope remain fully subject to the GDPR.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

This Regulation shall not impose additional obligations on natural or legal persons in relation to processing 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.

Table of contents

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