Article 95 Relationship with Directive 2002/58/EC

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.