Notice Of Requirements For Information And Consent By The Storage Of, Or Access To, Information In End-Users ' Terminal Equipment

Original Language Title: Bekendtgørelse om krav til information og samtykke ved lagring af eller adgang til oplysninger i slutbrugeres terminaludstyr

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Notice of requirements for information and consent by the storage of, or access to, information in end-users ' terminaludstyr1)

By virtue of section 9 and section 81, paragraph 2, of law No. 169 of 3. March 2011 on electronic communications networks and services shall be determined: aim and scope



§ 1. Executive order aims to protect end-users against improper storage of information or obtaining access to information already stored, in the end-user's terminal equipment.

Definitions



§ 2. For the purposes of this order: 1) Terminal equipment: a product, or a relevant component thereof which enables communication, and which is intended to be directly or indirectly connected to the network termination points in public electronic communications networks.

2) end user: the user of electronic communications networks or services, which are not on a commercial basis shall make the relevant electronic communications networks or services available to others. The definition also includes service recipients.

3) information and content service means any form of electronic provision of information or content that other end users access via electronic communications networks or services on the basis of an individual request.

4) Services in the information society (information society services): Any service that has a commercial aim, and delivered online (electronically over a certain distance) and at the individual request of a recipient of services.

5) service provider: any natural or legal person providing an information society service.

6) legal person: stock, private and cooperatives, partnerships, associations, foundations, municipalities, regions and State authorities etc.

7) Third party: any natural or legal person, who shall be the responsibility of storing information or obtaining access to information already stored, in an end user's terminal equipment via an information and content service, as the concerned natural or legal person is not a provider of.

8) Consent: any freely given specific and informed assertion, by which the end user agrees that the information is stored or accessed already stored information in the end-user's terminal equipment.

(2). The definitions in paragraph 1, no. 2 and 3, shall be understood in accordance with the applicable definitions in the law on electronic communications networks and services and the rules thereunder.

The storage of, or access to, the information in the terminal equipment



§ 3. Natural or legal persons may not store information or gain access to information already stored, in an end user's terminal equipment or allow third party to store information or to gain access to information, if the end user does not give consent after receiving adequate information about the storage of or access to the information.

(2). Information, see. (1) is adequate when the minimum 1) stand out in a clear, precise and easy-to-understand language or similar image font, 2) contains information on the purpose of the storage of, or access to information in the end-user's terminal equipment, 3) contains information that identifies any natural or legal person who arranges the storage of or access to the contents, 4) contains a readily available access to the end user to refuse consent or withdraw consent to the storage of or access to information as well as a clear , precise and easily understandable instructions about how the end user uses such access and 5) is immediately available to the end user by total and clearly to be granted this. In addition, the information when there is storage of, or access to, the information in the end-user's terminal equipment through an information and content service, be renewable available to the end user by means of a direct and clearly marked access on that information and content services.

§ 4. Notwithstanding paragraph 3, natural or legal persons storing information or gain access to information already stored, in an end user's terminal equipment, if 1) the storage of or access to information alone is done with the intention to transfer communication over an electronic communications network, or 2) the storage of or access to the information is required in order to put the provider of an information society service, such as the end user explicitly requested , able to deliver this service.

(2). The storage of, or access to, the information contained in an end user's terminal equipment is required, see. (1). 2 If the storage of or access to information is a technical prerequisite in order to be able to deliver a service that operates in accordance with the service's purpose.

Criminal provisions



§ 5. With fine punished anyone who violates § 3.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Date of entry into force of



§ 6. The notice shall enter into force on 14 July. December 2011.

The Danish Ministry of business and growth, the 9. December 2011 Ole Sohn/Kresten Bay Official notes 1) This executive order implementing parts of the European Parliament and Council Directive 2002/58/EC of 12. July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, official journal 2002, nr. L108, p. 51, as amended by European Parliament and Council directive 2009/136/EC of 25. November 2009 amending Directive 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 1782/2003. 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, the official journal of the European communities 2009, nr. L337, p. 11.