Jurisdiction(s):
European Union

EU ePrivacy Directive: electronic communications privacy, GDPR interplay, security/confidentiality, traffic and location data, directories and caller ID, itemised billing, unsolicited marketing, EECC updates, and key CJEU case law

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Practice notes

This Practice Note explores Directive 2002/58/EC (the ePrivacy Directive)

This Practice Note examines Directive 2002/58/EC (the ePrivacy Directive), which sets rules on the confidentiality of communications and the processing of personal data within the electronic communications sector. It forms part of a series of Practice Notes addressing key features of the EU regulatory framework for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is subject to a common regulatory scheme, which previously consisted of five directives, including the ePrivacy Directive. See Practice Note: EU regulatory framework for electronic communications [Archived]. The framework’s original purpose was to deliver a harmonised regime for regulating the electronic communications sector. In December 2018, the framework was revised through Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code). That measure consolidated four of the directives making up the framework. The European Electronic Communications Code has applied since December 2018, although Member States had until 21 December 2020 to transpose it into national law. See Practice Note: The European Electronic Communications Code. The ePrivacy Directive remains the only directive in the framework not consolidated into the Code. Note that the ePrivacy Directive was...

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David Stewart

Towerhouse LLP

David Stewart joined Towerhouse LLP as a partner in July 2013. David is a competition and regulatory lawyer with a career-long specialisation in regulated sectors, with particular experience in communications. David was previously a Competition Policy Director at Ofcom, the UK's converged communications regulator, leading Ofcom's programme of fixed and mobile telecoms market reviews, including Ofcom's advisory role in mergers in the sector. He also served as Ofcom's Director of Investigations, leading the UK's largest competition law enforcement programme at an economic regulator, and responsible for enforcing consumer law and regulatory rules and resolving access and interconnection disputes. He held a governance role in relation to Ofcom's work on competition in broadcasting markets (including pay TV), spectrum clearance and awards, consumer policy, internet policy and enforcement. He was also involved in Ofcom's engagement in European and international regulatory issues, regularly...

Web page updated on 21/05/2026

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