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The Privacy and Electronic Communications Directive deals with public communications services and networks. Does this mean that its provisions are only applicable to providers of such services and networks ?

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The Privacy and Electronic Communications Directive deals with public communications services and networks. Does this mean that its provisions are only applicable to providers of such services and networks ?

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The Privacy and Electronic Communications Directive applies to the processing of personal data in connection with the provision of public electronic communication networks and service and thereby requires the Member States to create obligations for anyone involved in the forms of processing addressed by the Directive. For instance , Article 5(1) on confidentiality must lead to a prohibition for anyone to practice interception or surveillance of private communications between others over public communication networks. Article 5(2) on the use of spyware will cover anyone trying to gain access to someone else’s computer. Article 13 on unsolicited commercial communications concerns anyone engaged in direct marketing activities over a public communications network.

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