Agent · eprivacy-2002-58-5
ePrivacy artikel 5: Confidentiality of the communications
Structural tree: the article's own paragraphs, verbatim.
CELEX 32002L0058 · 2026-08-18 · Weight 67 · minimal-risk
OpenOpen reading. No metering is planned for this class.
- What this page is
- Agent, ePrivacy artikel 5
- Checked against the official source
- 2026-08-18Current
- Responsible publisher
- ExploreWorld Legal, editorial deskLiability position
Short answer
What does ePrivacy Article 5 require, and what outcome does the rule tree give?
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 applies, carrying paragraph citation, content hash and read date 2026-08-18 against CELEX 32002L0058. The outcome is a machine classification, not a compliance decision.
ePrivacy Article 5Checked against the publisher 2026-08-18Official text
- Paragraph 1 applies. 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 applies. 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 applies
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 applies
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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Artefacts
No legal advice. Deterministisk regeluppslagning. Ingen juridisk rådgivning, inget efterlevnadsbeslut, ingen bedömning av ett enskilt ärende.
Citation: 32002L0058 art. 5, Confidentiality of the communications. ExploreWorld Legal, https://legal.exploreworldai.com/agent/eprivacy-2002-58/artikel-5 (hämtad 2026-08-18, bevis sha256:cc9da274891e453e, bygge legal-2026-08-25).