European Union. ePrivacy / marketing. Directive (EU) 97/66/EC

Telecoms Privacy Directive 97/66Directive 97/66/EC concerning the processing of personal data and the protection of privacy in the telecommunications sector

Repealed/superseded

§1Summary

Synopsis

Directive 97/66/EC harmonised national rules on privacy and data protection in the telecommunications sector. It was a sector-specific complement to Directive 95/46/EC and dealt with matters such as the confidentiality of communications, traffic and billing data, itemised billing, calling-line identification, automatic call forwarding, subscriber directories and unsolicited calls. Directive 2002/58/EC repealed it with effect from 31 October 2003, and references to it were then read as references to the 2002 Directive.

Key themes
  • confidentiality of communications
  • traffic and billing data
  • telecoms subscribers
  • directories
  • unsolicited calls
Unique features

The first EU instrument on telecoms privacy. It was written for traditional telecommunications networks, which is why it was replaced by a technology-neutral successor.

SaaS relevance

Historical only; replaced by Directive 2002/58/EC (ePrivacy Directive).

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
None

§3Dates

Key dates
  • Adopted
  • In force
  • Ended
  • Adopted 15 December 1997; published in the Official Journal 30 January 1998; Member States had to apply national laws by 24 October 1998; repealed with effect from 31 October 2003 by Directive 2002/58/EC

§4Text and authority

Text
Authority
National data protection authorities (no EU-level regulator)

§5Where it applies

Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

The Directive text contains no entry-into-force article of its own, so date_in_force is set to the 24 October 1998 deadline for national implementation (Article 15). Repeal date taken from Articles 17(1) and 19 of Directive 2002/58/EC (transposition deadline 'before 31 October 2003'). Penalties were left to Member States.