Ch 1.8 - LED & ePrivacy Directive

Related legislation: LED & ePrivacy

Alongside the GDPR, the EU adopted the Law Enforcement Directive for processing by criminal-law authorities. The ePrivacy Directive governs confidentiality, traffic data, marketing and terminal-equipment access across electronic communications. The Commission withdrew its 2017 proposal for an ePrivacy Regulation on 6 October 2025, so the Directive and national implementing laws remain in force.

The Law Enforcement Directive protects data processed by competent authorities for prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties. It entered into force 5 May 2016, with member states required to transpose it by 6 May 2018. It harmonises rules but does not prevent member states providing higher safeguards. Note it is a directive, so it must be transposed - unlike the GDPR.

The ePrivacy Directive sets rules for electronic communications, including confidentiality, traffic data, marketing and cookies. It particularises the GDPR for matters within its scope. The Commission withdrew the 2017 ePrivacy Regulation proposal on 6 October 2025. The Directive and national implementing laws therefore remain the operative regime.

LED vs ePrivacy Directive
FeatureLaw Enforcement DirectiveePrivacy Directive
Subject matterProcessing by criminal-law authoritiesProcessing across public communications networks
Instrument typeDirective (must be transposed)Directive
In force5 May 2016 (transpose by 6 May 2018)2002/58/EC
Relationship to GDPRSeparate companion to the GDPRGDPR adds no obligations on top of it

Key terms - quick answers

What is “Law Enforcement Directive”?
LED (Directive (EU) 2016/680) - protects data processed by competent authorities for prevention, investigation, detection or prosecution of criminal offences; a directive, not a regulation.
What is “ePrivacy Directive”?
Directive 2002/58/EC on processing personal data across public communications networks - covers confidentiality, traffic data, spam and cookies.
What is “ePrivacy Regulation”?
A proposed regulation to replace the ePrivacy Directive, still under review; narrower in scope than the GDPR.

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