General Data Protection Regulation

Article 95

Relationship with Directive 2002/58/EC

This Regulation shall not impose additional obligations on natural or legal persons in relation to processing in connection with the provision of publicly available electronic communications services in public communication networks in the Union in relation to matters for which they are subject to specific obligations with the same objective set out in Directive 2002/58/EC.

Holdings

C-654/2313 Nov 2025

Inteligo Media SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP)

Where a controller uses a user’s email address to send an unsolicited communication in accordance with Article 13(2) of Directive 2002/58, read with Article 95 of Regulation 2016/679, the conditions for lawful processing in Article 6(1) of Regulation 2016/679 do not apply.