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Article 2 Proposal for the ePrivacy Regulation 2019 Material Scope

  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.
  2. This Regulation does not apply to:
    1. activities which fall outside the scope of Union law;
    2. activities of the Member States which fall within the scope of Chapter 2 of Title V of the Treaty on European Union;
    3. electronic communications services which are not publicly available;
    4. 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;
  3. The processing of electronic communications data by the Union institutions, bodies, offices and agencies is governed by Regulation (EU) 00/0000 [new Regulation replacing Regulation 45/2001].
  4. This Regulation shall be without prejudice to the application of Directive 2000/31/EC[1], in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.

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

[1] Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1–16).