Does the Directive have extra-territorial effect ?
The scope of the directive covers the processing of personal data in connection with the provision of publicly available electronic communication networks and services in the Community. This implies that, for instance, the provisions regarding unsolicited commercial communications apply to all communications received over public networks within the EU and should also be respected by senders of such messages established outside the EU but addressing recipients within the EU. Similarly, the confidentiality requirement is also applicable with regard to interception or surveillance of communications terminating on EU networks by persons outside the EU. Obviously, the enforcement of these provisions with regard to persons operating from outside the EU may be more difficult and international cooperation is needed to address such cross border cases.
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- Does the Directive have extra-territorial effect ?
