Digital Omnibus proposal· Recital 48
Text
Recital 48 Digital Omnibus proposal as printed in the Council text of 22 October 2026
Source Council, 22 October 2026. Recital 48: ST 14756/26, page 51 · exact text page
Article 4 of Directive 2002/58/EC should be repealed.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obligations for entities in the electronic communications sector, Article 4 of Directive 2002/58/EC should be repealed.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.
How the recital changed
Each text against the text before it
| Recital | Commission19 Nov 2025Rec 48 | Council21 May 2026Rec 48 | Council10 Jun 2026Rec 48 | Council18 Jun 2026Rec 48 | Council3 Sep 2026Rec 48 | Council2 Oct 2026Rec 48 | Council22 Oct 2026Rec 48 |
|---|---|---|---|---|---|---|---|
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Recital 48 | 48 Added | 48 Unchanged | 48 Unchanged | 48 Unchanged | 48 Unchanged | 48 Unchanged | 48 Unchanged |
Each text against the text before it: +Added in this text, not in the text before=Unchanged same as the text before
Parliament amendments propose other recitals under these numbers: Recital 48a (new) and Recital 48b (new).
Parliament amendments
3 amendments to this recital
1 amendment would delete the whole recital: members of ECR and PfE.
| Type | ECR | PfE |
|---|---|---|
| − Deletion | 1 | 1 |
| ~ Alternative | 2 | 1 |
By political group
- − Deletion ECR 1 PfE 1
- ~ Alternative ECR 2 PfE 1
Show
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(48) Article 4 of Directive 2002/58/EC should be repealed.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
- Printed header
- Recital 48
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
- Printed header
- Recital 48
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 Article4setsof Directive 2002/58/EC setsspecific requirements for providers of publicly available electronic communications services as regards safeguarding the security of their services and the notificationrequirementsof 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
- Printed header
- Recital 48