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EUROPEAN COMMISSION DIRECTORATE-GENERAL INFORMATICS Directorate A Corporate IT Solutions & Services Corporate Infrastructure Solutions for Information Systems (LUX) Using Form Tools (admin) Commission

1. The objective of the Commission in this Directive is to ensure that all providers of electronic communications services, other than fixed networks, have the technical means at their disposal to ensure compliance with applicable data protection principles. 3. GENERAL PROVISIONS 5 3.1. When a provider of electronic communications services has its own hardware or software or has adapted and/or combined hardware and software from third parties, this cannot be regarded as providing that provider with the means to implement and enforce applicable data protection principles on behalf of its subscribers. 3.2. A service is not considered to be providing electronic communications services if: — it provides or enables the transmission of an electronic communication; — it operates as a carrier of electronic messages; — it operates a machine-to- machine interface (e.g. a central office). 4. DATA PROTECTION PURPOSES 6 4.1. The purpose of the provisions of this Directive is to ensure that, for the purpose of applying the principle of proportionality to the processing of data, all persons who operate as providers of electronic communications services subject to this Directive must implement and apply appropriate data protection principles that the Union may consider appropriate. 4.2. The purpose of the measures adopted in the Directive is to prevent or limit the risk of abuse of the system of guarantees given by Member States to ensure protection of personal data processed by providers of electronic communications services (hereinafter referred to as 'providers') on the territory of those Member States, while maintaining the functioning of the internal market of certain services. 4.3. As a consequence of this Directive, a national authority has the right to exercise enforcement powers against a provider as defined by the national law. Such an enforcement power can limit: the rights and freedoms of natural and legal persons and of third parties (including legal entities); the right to information in respect of the processing of personal data; the freedom of establishment in respect of the processing of personal data of natural and legal persons on the territory of a given Member State or of one of its dependencies; the ability to protect against economic, industrial, commercial or competitive harm. 4.4. The power to exercise enforcement powers does not include the right to require disclosure of individual data subject to the authority or to request that the provider state the purposes for which the data were processed. 4.5.

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