NDLI: Convergence in communications and E-Privacy regulatory challenges, with a local perspective

Content Provider	IEEE Xplore Digital Library
Author	Gumzej, N. Dragicevic, D.
Copyright Year	2015
Description	Author affiliation: Legal Inf., Fac. of Law, Univ. of Zagreb, Zagreb, Croatia (Gumzej, N.; Dragicevic, D.)
Abstract	The European Commission announced plans on evaluation of Directive 2002/58/EC (E-Privacy Directive) towards a possible review, but following agreement on the General Data Protection Regulation. Those plans were most recently confirmed in the Digital Single Market Strategy. In it the Commission has also shown consideration for future directions of EU e-privacy legislation that correspond to earlier expressed initiatives, particularly in the EU electronic communications sector, toward expanding its scope. Such initiatives are prompted by progressive use of relevant online (information society) services and in particular OTT communication services that could be considered functionally equivalent to electronic communication services. In this paper authors legally assess the E-Privacy Directive in particular with respect to its current scope of application, while having in mind the declared aim to ensure equivalent protection of end-users' privacy and data protection rights - regardless of technology used to deliver the relevant service. To that effect they also examine selected e-privacy rules that typically relate to business operations of information society service providers, and other rules characterized by a very close connection to the general data protection framework, which is currently in review. While acknowledging that lacking clarity in Directive's scope may cause divergent transposition and regulatory practices in the EU the authors provide a local perspective on the issue, by analyzing the Croatian legal system implementing the Directive and selected provisions, including regulatory competencies and practice. Where necessary the authors propose local improvements to ensure more clarity and legal certainty for affected businesses and users, as well as general suggestions toward further research on the future of EU e-privacy legislation.
Starting Page	1
Ending Page	8
File Size	292234
Page Count	8
File Format	PDF
e-ISBN	9781479989720
DOI	10.1109/ConTEL.2015.7231213
Language	English
Publisher	Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Publisher Date	2015-07-13
Publisher Place	Austria
Access Restriction	Subscribed
Rights Holder	Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Subject Keyword	Law Consumer electronics Communication networks Data processing General Data Protection Regulation electronic communications information society services E-Privacy Directive
Content Type	Text
Resource Type	Article

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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