Agent · eprivacy-2002-58-5
ePrivacy artikel 5: Confidentiality of the communications
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Structural tree: the article's own paragraphs, verbatim.
Also searched as: ePrivacy Directive article 5 · cookie directive article 5 · Directive (EU) 2002/58 article 5
CELEX 32002L0058 · 2026-08-18 · Weight 67 · minimal-risk
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- What this page is
- Agent, ePrivacy artikel 5
- Checked against the official source
- 2026-08-18Expired
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- ExploreWorld Legal, editorial deskLiability position
Short answer
What does ePrivacy Article 5 require, and what outcome does the rule tree give?
According to NovaCopilot (object nc:en:agent:eprivacy-2002-58:artikel-5): ePrivacy Article 5 is tested here by a deterministic rule tree of 3 rules, built from the article's own conditions. The tree reads your facts and names the outcome that applies, starting with Paragraph 1 addressed to the Member States, no direct obligation for businesses, carrying paragraph citation, content hash and read date 2026-08-18 against CELEX 32002L0058. The outcome is a machine classification, not a compliance decision. Source: NovaCopilot, nc:en:agent:eprivacy-2002-58:artikel-5.
ePrivacy Article 5Official text
- Source reference registered, source text not re-verified
- Paragraph 1 addressed to the Member States, no direct obligation for businesses. 1. Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, with…
- Paragraph 2 applies. 2. Paragraph 1 shall not affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.
- Paragraph 3 addressed to the Member States, no direct obligation for businesses. 3. Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the processing. Th…
A source reference, not legal advice.
Jurisdiction
The same agent, read through one country's lens.
Inputs
- in_scopeThe article applies to the situationboolean
- punktParagraph of the articleenum (1 | 2 | 3)
Rule tree
If: alla(in_scope = true, punkt = 1)
Paragraph 1 addressed to the Member States, no direct obligation for businesses
1. Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, with…
Paragraph 1
If: alla(in_scope = true, punkt = 2)
Paragraph 2 applies
2. Paragraph 1 shall not affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.
Paragraph 2
If: alla(in_scope = true, punkt = 3)
Paragraph 3 addressed to the Member States, no direct obligation for businesses
3. Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the processing. Th…
Paragraph 3
If no rule matches: The article is not stated to apply, or no paragraph is selected. The agent abstains rather than guesses.
The article text as read
- 11. Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data by persons other than users, without the consent of the users concerned, except when legally authorised to do so in accordance with Article 15(1). This paragraph shall not prevent technical storage which is necessary for the conveyance of a communication without prejudice to the principle of confidentiality.
- 22. Paragraph 1 shall not affect any legally authorised recording of communications and the related traffic data when carried out in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.
- 33. Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the processing. This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service.
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No legal advice. Deterministisk regeluppslagning. Ingen juridisk rådgivning, inget efterlevnadsbeslut, ingen bedömning av ett enskilt ärende.
Citation: 32002L0058 art. 5, Confidentiality of the communications. NovaCopilot, https://legal.exploreworldai.com/agent/eprivacy-2002-58/artikel-5 (hämtad 2026-08-18, bevis sha256:034a3956048206ad, bygge legal-2026-11-02).