Digital Omnibus proposal· Recital 48

1 amendment would delete the whole recital: members of ECR and PfE.

1. 486 −Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the recital

   (48) Article 4 of Directive 2002/58/EC should be repealed.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obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed.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.

   Tabled by

   Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay

   Group

   ECR, PfE

   Targets

   Digital Omnibus proposal Recital 48

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 73–74

   Printed header

   Recital 48

   Links

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2. 487 ~Alternative Diego Solier +2ECR · ITRE–LIBE “The fragmented legal requirements in cybersecurity shall be consolidated into harmonized, single-entry-point reporting systems.”

   (48) Article 4 of Directive 2002/58/EC should be repealed.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. The fragmented legal requirements in cybersecurity shall be consolidated into harmonized, single-entry-point reporting systems.

   Tabled by

   Diego Solier, Sebastian Tynkkynen, Elena Donazzan

   Group

   ECR

   Targets

   Digital Omnibus proposal Recital 48

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 74–75

   Printed header

   Recital 48

   Links

   Link to this amendment
   Cite this amendment

3. 488 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “That Article sets specific requirements for providers of publicly available electronic communications services as regards safeguarding the security…”

   (48) Article 4 of Directive 2002/58/EC should be repealedmaintained. That Article 4sets of Directive 2002/58/EC setsspecific requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and the notification requirementsof security breaches. 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.That Article sets specific requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and the notification of security breaches. Those requirements are specific to the electronic communications sector and are not fully substituted by the general regimes of Directive (EU) 2022/2555 and Regulation (EU) 2016/679. 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.Its repeal would leave sector-specific obligations without an equivalent, to the detriment of the confidentiality and integrity of communications. Those requirements are specific to the electronic communications sector and are not fully substituted by the general regimes of Directive (EU) 2022/2555 and Regulation (EU) 2016/679. Its repeal would leave sector-specific obligations without an equivalent, to the detriment of the confidentiality and integrity of communications.

   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.

   Tabled by

   Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay

   Group

   ECR, PfE

   Targets

   Digital Omnibus proposal Recital 48

   Document

   ITRE–LIBE amendments 401–526 to the draft report

   Source

   Official text, pages 75–76

   Printed header

   Recital 48

   Links

   Link to this amendment
   Cite this amendment