Source: OJ L 333, 27.12.2022, p. 80–152
ENRecital 98 Use of encryption technologies in electronic communication
In order to safeguard the security of public electronic communications networks means a public electronic communications network as defined in Article 2, point (8), of Directive (EU) 2018/1972; and publicly available electronic communications services means an electronic communications service as defined in Article 2, point (4), of Directive (EU) 2018/1972;, the use of encryption technologies, in particular end-to-end encryption as well as data-centric security concepts, such as cartography, segmentation, tagging, access policy and access management, and automated access decisions, should be promoted. Where necessary, the use of encryption, in particular end-to-end encryption should be mandatory for providers of public electronic communications networks means a public electronic communications network as defined in Article 2, point (8), of Directive (EU) 2018/1972; or of publicly available electronic communications services means an electronic communications service as defined in Article 2, point (4), of Directive (EU) 2018/1972; in accordance with the principles of security and privacy by default and by design for the purposes of this Directive. The use of end-to-end encryption should be reconciled with the Member States’ powers to ensure the protection of their essential security interests and public security, and to allow for the prevention, investigation, detection and prosecution of criminal offences in accordance with Union law. However, this should not weaken end-to-end encryption, which is a critical technology for the effective protection of data and privacy and the security of communications.