This Regulation shall not impose additional obligations on natural or legal persons in relation to processing in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.
Article 95
Relationship with Directive 2002/58/EC
Common Questions
Frequently Asked Questions
What does Article 95 say about the relationship between the GDPR and Directive 2002/58/EC?
It prevents double regulation. The GDPR does not impose additional obligations on natural or legal persons for processing connected with the provision of publicly available electronic communications services in public communication networks in the Union.
The condition is that those persons are already subject to specific obligations with the same objective under Directive 2002/58/EC. Where that directive already covers a matter with the same aim, the Regulation does not add a second layer of duties on top.
Who is covered by this rule?
Natural or legal persons, so both companies and individuals, when they process data in connection with the provision of publicly available electronic communications services in public communication networks in the Union. The rule is tied to that activity and to matters where Directive 2002/58/EC imposes specific obligations with the same objective, not to a category of organisation as such.
Does Article 95 exempt providers of electronic communications services from the GDPR entirely?
No. It only rules out additional obligations for matters where the provider is subject to specific obligations with the same objective set out in Directive 2002/58/EC. Outside those matters, Article 95 gives no relief, so the Regulation continues to apply as normal.