Digital Omnibus proposal
Recital 48
Compare the available Commission, Council and Parliament texts and amendments affecting this recital.
Recital total: 1 part · 4 Council drafts · 3 Parliament amendments
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Institutional text
European Commission proposal
The wording proposed by the Commission at the start of this legislative file.
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Commission source wording and instructions
Recital 48
Commission proposal
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Recital 48
May Presidency compromise
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Recital 48
June Presidency compromise · 10 June
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Recital 48
June Presidency compromise · 18 June
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Recital 48
September Presidency compromise
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Recital 48 4 Council drafts
Recital 48
21 May 2026 · May Presidency compromise
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Recital 48
10 June 2026 · June Presidency compromise · 10 June
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Recital 48
18 June 2026 · June Presidency compromise · 18 June
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Recital 48
3 September 2026 · September Presidency compromise
Article 4 of Directive 2002/58/EC should be repealed. Article 4 of Directive 2002/58/EC sets requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and notification requirements. Subsequently, Directive (EU) 2022/2555 has set new requirements as regards cybersecurity risk-management measures and incident reporting for those providers. In order to reduce overlapping obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed. As regards the security of processing of personal data pursuant to Article 4(1) and (1a) of this directive and the notification of personal data breaches pursuant to Article 4(3) to (5) of Directive 2002/58/EC this directive, the Regulation (EU) 2016/679 already provide for comprehensive and up-to-date rules. These rules should therefore apply to providers of publicly available electronic communication services and providers of public communications networks, thereby ensuring that one regime applies to the controllers and processors.
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
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Remove proposed wording Amendment 486 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Alternative wording Amendment 487 · Diego Solier, Sebastian Tynkkynen, Elena Donazzan ITRE · LIBE
Alternative wording Amendment 488 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
Justification
The repeal of Article 4 of the ePrivacy Directive would empty of substance the sector-specific security regime applicable to electronic communications, on the assumption that NIS2 and the GDPR fully substitute for it. That assumption is not established. The Union should not dismantle a functioning protection in the name of an alignment whose equivalence is not demonstrated.
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Selected texts
Compare wording
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Recital 48
European Commission proposal → Council Presidency text · ST 9547/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Council Presidency text · ST 9547/26
Recital 48
Council Presidency text · ST 9547/26 → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 9547/26
Council Presidency text · ST 10426/26
Recital 48
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Recital 48
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Recital 48
Wording reproduced in the amendment → Amendment 486 · ITRE–LIBE amendments 401–526 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 486 · ITRE–LIBE amendments 401–526 to the draft report: removal
This wording is removed.
Recital 48
Wording reproduced in the amendment → Amendment 487 · ITRE–LIBE amendments 401–526 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 487 · ITRE–LIBE amendments 401–526 to the draft report
Recital 48
Wording reproduced in the amendment → Amendment 488 · ITRE–LIBE amendments 401–526 to the draft report
Changes in context
RemovedAdded