Publication of information and consent requirements for the storage of or access to information in the terminal equipment of End-User terminal equipment 1)

In accordance with sections 9 and § 81 (3). Two, in Law No 169 of 3. March 2011 on electronic communications networks and services shall be :

Scope and scope

§ 1. The purpose of the Bekendpoint is to protect end users from unlawful storage of information or obtaining access to information already stored in the terminal equipment of the end user.

Definitions

§ 2. For the purposes of this notice :

1) Terminal equipment :

A product or pertinent component thereof that enables communication and which is intended to be directly or indirectly connected to network mining points in public electronic communications networks.

2) End user :

The use of electronic communications networks or services which does not provide for the commercially available electronic communications network or services shall be provided to others. The definition also includes official beneficiaries.

3) Information and content service :

Any form of electronic means of provision of information or content to which other end users can access via electronic communications networks or services on the basis of an individual request for this.

4) Services in the information society (information society services) :

Any service that has a commercial purpose and delivered online (by electronic means over a certain distance) at the individual request of an official shall be provided.

5) Service provider :

A natural or legal person who delivers an information society service.

6) Legal person :

Stock, party and cooperatives, stakeholders, foundations, funds, municipalities, regions and governmental authorities, etc.

7) Third party :

A natural or legal person leading the retention of information or obtaining of access to information already stored in an end user's terminal equipment by means of an information and entry-service that the physical or legal person is not a provider of.

8) Collarty :

Any optional, specific and informed will show that the end user agrees to store information or access to already stored information in the terminal equipment of the end-user's terminal equipment.

Paragraph 2. The definitions set out in paragraph 1 1, no. In accordance with applicable law on electronic communications networks and services and rules laid down pursuant thereto, the definitions shall be understood in accordance with applicable definitions in the Act on electronic communications networks and services.

Inventory or access to terminal equipment information

§ 3. Physical or legal persons must not store information or access to information already stored in an end user's terminal equipment or to allow third parties to store information or access to information if the end user does not give ; consent to this after receiving adequate information on the storage of or access to information.

Paragraph 2. Information, cf. paragraph 1 is complete when it is at least

1) appear in a clear, precise and intelligible language or equivalent image,

2) contains information on the purpose of the storage of or access to information in the terminal equipment of the end user ;

3) contains information that identifies any natural or legal person who orcheels the storage of or access to the information ;

4) provide an immediate access to the end user to refuse or revoke consent for the storage of or access to information, and a clear, precise and easy to understand how the end user uses such information ; access and

5) is immediately available to the end user in general and clearly to be notified of this. In addition, when saving or accessing information in the terminal equipment of the end-user's terminal equipment must be available for the end-user ' s terminal equipment, information must be accessible to the end-user at a direct and clear access to it, the information and content of the information concerned.

§ 4. Regardless of section 3, physical or legal persons can store information or access information that is already stored in an end user's terminal equipment, if

1) the purpose of storing or access to information alone is intended to transmit communication by means of an electronic communications network ; or

2) the storage of or access to information is necessary in order to place the service provider of an information society service, which the end user explicitly requested, in a position to provide that service.

Paragraph 2. The storage of or access to information in an end user's terminal equipment is required, cf. paragraph 1, no. 2 if the availability of or access to information is a technical condition in order to provide a service that works in accordance with the purpose of the service.

Penalty provisions

§ 5. With fine punishment, the person who violates section 3.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force

§ 6. The announcement will enter into force on the 14th. December 2011.

1) This notice shall be part of Directive 2002/58/EC of the European Parliament and of the Council of 12. July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector, EC-decade-2002, no. L108, s. Directive 51, as amended by Directive 2009 /136/EC of the European Parliament and of the Council of 25. Nov 2009 amending Directive 2002/22/EC on universal service and user rights in electronic communications networks and services, Directive 2002/58/EC on the processing of personal data and the protection of privacy in it the electronic communications sector and Regulation (EC) No, 2006/2004 on cooperation between national authorities with responsibility for the enforcement of consumer protection legislation, EC-ticeding 2009, no. L337, s. 11.