Article 3 Proposal for the ePrivacy Regulation 2019 Territorial scope and representative

  1. This Regulation applies to:
    1. the provision of electronic communications services to end-users in the Union, irrespective of whether payment of the end-user is required;
    2. the use of such services;
    3. the protection of information related to the terminal equipment of end-users located in the Union.
  2. Where the provider of an electronic communications service is not established in the Union it shall designate in writing a representative in the Union.
  3. The representative shall be established in one of the Member States where the end-users of such electronic communications services are located.
  4. The representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents, in particular, to supervisory authorities, and end-users, on all issues related to processing electronic communications data for the purposes of ensuring compliance with this Regulation.
  5. The designation of a representative pursuant to paragraph 2 shall be without prejudice to legal actions, which could be initiated against a natural or legal person who processes electronic communications data in connection with the provision of electronic communications services from outside the Union to end-users in the Union.