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Second Reading
 

E-Privacy Directive Proposal COM(2000) 385

As part of the Legislative proposals for a new Regulatory Framework for electronic communications arising from the 1999 Telecommunications Review, the European Commission proposes a ban on Unsolicited Commercial Email. Specifically, this is to take the form of a requirement that advertising email be sent only to those subscribers who have given their prior consent, the same as for automated calling systems and fax. (See discussion and text.)

This was hotly contested by the direct marketers. They wanted to carry on in the grand old way of gathering and trading addresses behind your back. They wanted to be allowed to send you advertising until you beg them to stop. They assumed the right to control your mailbox.


In the run-up to the Second Reading, an acceptable compromise was hammered out amongst the Commission, the Council, and the two largest political groups, namely PPE-DE (European People's Party (Christian Democrats) and European Democrats) and PSE (Socialists). Special thanks to Aña Palacio-Vallersundi (PPE-DE, ES) and Elena Ornella Paciotti (PSE, IT) for their efforts.

Thanks also to Lousewies van der Laan (ELDR, NL), Ilka Schröder (GUE/NGL, DE), Emmanouil Bakopoulos (GUE/NGL, GR), Kathalijne Maria Buitenweg (Verts/ALE, NL) and many others for their consistent support of "opt-in".

Thanks to Marian Grubben of the Commission for the original draft which "set the ball rolling" and special thanks to Commissioner Erkki Liikanen for consistently and vigourously representing the Commission's position in numerous meetings.

And many, many thanks to all of those who had taken the time to contact their MEPs!

2000-02-03 Data Protection Working Party
 
Adoption of Opinion 1/2000 on certain data protection aspects of electronic commerce
 
2000-07-12
 
European Commission
 
Publication of COM(2000) 385 Proposal for a directive concerning the processing of personal data and the protection of privacy in the electronic communications sector
 

 

 
Draft forwarded to Parliament and Council
 
2000-11-02
 
Data Protection Working Party
 
Adoption of Opinion 7/2000 on the European Commission Proposal of 12 July 2000 COM(2000) 385
 
2000-11-21
 
Data Protection Working Party
 
Adoption of Working Document Privacy on the Internet - An integrated EU Approach to On-line Data Protection
 
2001-01-24
 
Economic and Social Committee
 
Publication of Opinion (2001/C123/11)in Official Journal
Supports the proposal for an opt-in system for commercial e-mail. "[The] customer's interest in being spared unsolicited commercial information must take precedence."
 
2001-02-26
 
Committee on the Environment, Public Health and Consumer Policy
 
Adoption of opinion (PE297.223): Article 13 to include "and other personally addressed electronic communications"
Rapporteur: Emmanouil BAKOPOULOS
 
2001-05-29
 
Committee on Legal Affairs and the Internal Market
 
Adoption of draft opinion (PE294.950): "opt-out" for email to be restored but senders of UCE are to indicate how the address was obtained in each UCE message.
Rapporteur: Astrid THORS
 
2001-06-12
 
Committee on Industry, External Trade, Research and Energy
 
Vote on draft opinion (PE286.135): e-mail (and by extension SMS) to be "opt-in", use of other media not to be allowed "without the prior, explicit and specific consent of the subscribers concerned", withdrawal of previous consent to be free of charge and through a procedure as straightforward as the one used to give consent.
Rapporteur: Ilka SCHRÖDER
 
2001-07-13
 
Committee on Citizens' Freedoms and Rights, Justice and Home Affairs
 
Vote on Report
Rapporteur: Marco CAPPATO
 
2001-08-30
 
Parliament
 
Deadline for amendments
 
2001-09-06
 
Parliament
 
Plenary session - report referred back to Committee
 
2001-10-22
 
Committee on Citizens' Freedoms and Rights, Justice and Home Affairs
 
Vote on New Version of Report
Rapporteur: Marco CAPPATO
 
2001-11-08
 
Parliament
 
Deadline for amendments
 
2001-11-13
 
Parliament
 
Plenary session - vote - adopted text
 
2001-12-06
 
Council
 
Vote - adopted text
 
2002-01-30
 
Commission
 
Communication of Common Position to Parliament
 
2002-04-18
 
Committee on Citizens' Freedoms and Rights, Justice and Home Affairs
 
Vote on Recommendation for Second Reading
Rapporteur: Marco CAPPATO
 
2002-05-30
 
Parliament
 
Second Reading
 
2002-07-31  Entry into Official Journal as Directive 2002/58/EC
 
2003-10-31Member States Implementation in Member States
 
2006-10-31Commission Report to Parliament and Council concerning application of Directive
 
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