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Privacy and Electronic Communication (EU) Regulations 2003

As part of the European Commission's 1999 Review of the communications framework, a draft proposal to update the existing Telecoms Data Protection Directive (97/66/EC) was adopted on 12 July 2000, formerly known as the Communications Data Protection Directive (CDPD) but now known as the Directive on Privacy and Electronic Communications (DPEC). The overriding aim of the new Directive is to take account of technological changes and to make the provisions as technology-neutral as possible.

The new Directive replaces existing definitions for telecommunications services and networks then ensures technological neutrality and clarifies the position of e-mail and use of the internet. It enables the provision of value added services based on location and traffic data, subject to the consent of subscribers. Introduces new information and consent requirements on entries in publicly available directories, including a requirement that subscribers are informed of all the usage possibilities of publicly available.

Extend controls on unsolicited direct marketing to all forms of electronic communications including unsolicited commercial e-mail (UCE) and SMS. UCE and SMS will be subject to a prior consent requirement, so the receiver is required to agree to it in advance, except in the context of an existing customer relationship. Introduces provisions on the retention of traffic and location data for law enforcement purposes. Sets out controls on the use of cookies on websites.