### when a novel food is authorised and included in the union list , the commission should have the power to introduce post - market monitoring requirements to monitor the use of the authorised novel food to ensure that the use is within safe limits as established in the safety assessment by efsa . ### when a novel food is authorised and included in the union list , post - market monitoring requirements should be introduced to monitor the use of the authorised novel food to ensure that the use is within safe limits as established in the safety assessment by efsa . in any event , food business operators should inform the commission of any relevant information regarding the food they have placed on the market .


### a high level of protection of human health and of consumers’ interests and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . ### a high level of protection of human health and of consumers’ interests , of the environment and animal welfare , and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . at all times , moreover , the precautionary principle as laid down in regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety [ 1 ] , should be applied .


### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish , by means of an implementing act , a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions . as those novel foods have already been evaluated for their safety , have been legally produced and marketed in the union and have not given rise to health concerns in the past , the advisory procedure should be used for the initial establishment of the union list . ### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions .


### in assessing the safety of novel foods , efsa shall , where appropriate , consider the following : ### in assessing the safety of novel foods , efsa shall consider the following :


### where no reasoned safety objections are made in accordance with paragraph 2 within the time - limit laid down in that paragraph , the commission shall authorise the placing on the market within the union of the traditional food concerned and update without delay the union list . ### where no reasoned objections are made in accordance with paragraph 2 within the time - limit laid down in that paragraph , the commission shall authorise the placing on the market within the union of the traditional food concerned and update without delay the union list . where applicable , certain conditions for use , specific labelling requirements , or post - market monitoring requirements shall be specified .


### the commission shall establish and update a union list of novel foods authorised to be placed on the market within the union in accordance with articles 6 , 7 and 8 . ### the union list of novel foods authorised to be placed on the market within the union in accordance with articles 6 , 7 and 8 is laid down in the annex .


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall forward the valid application to the efsa and request it to render its opinion .


### this directive provides for the right to provisional legal aid for children deprived of liberty and to legal aid for children that are requested in european arrest warrant proceedings . ### this directive provides for the right to provisional and ordinary legal aid for children and to legal aid for children that are requested in european arrest warrant proceedings . member states should take special measures to ensure the provision of legal aid to children suspected or accused in criminal proceedings .


### the administrative director may be removed from the office only upon a decision of the college acting on a proposal from the commission . ### the administrative director may be removed from the office only upon a decision of the college .


### eurojust shall treat any request for support emanating from the european public prosecutor’s office without undue delay , and shall deal with such requests , where appropriate , as if they had been received from a national authority competent for judicial cooperation . ### eurojust shall treat any request for support emanating from the european public prosecutor’s office without undue delay , and shall deal with such requests as if they had been received from a national authority competent for judicial cooperation .


### inform the competent authorities of the member states of investigations and prosecutions of which it has been informed and which have repercussions at union level or which might affect member states other than those directly concerned ; ### inform the competent authorities of the member states and the european public prosecutor ' s office of investigations and prosecutions of which it has been informed and which have repercussions at union level or which might affect member states other than those directly concerned ;


### eurojust should be given the opportunity to extend the deadlines for storage of personal data , subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of eurojust , in order to achieve its objectives . such decisions should be taken following careful consideration of all interests at stake , including those of the data subjects . any extension of deadlines for processing personal data , where prosecution is statute barred in all member states concerned , should be decided only where there is a specific need to provide assistance under this regulation . ### eurojust should be given the opportunity to extend the deadlines for storage of personal data , subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of eurojust , in order to achieve its objectives . such decisions should be taken following careful consideration of all interests at stake , including those of the data subjects . any extension of deadlines for processing personal data , where prosecution is statute barred in all member states concerned , should be the subject of a formal and reasoned decision , and decided only where there is a specific and clearly justifiable need to provide assistance under this regulation .


### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee and the committee of the regions . ### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee , the committee of the regions , as well as to national parliaments .


### the commission and the european parliament shall co - organise the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the commission and the european parliament shall ensure that the public hearing is organised at the european parliament . representatives of the other institutions and advisory bodies of the union and , where relevant , representatives of national and regional parliaments shall be given the opportunity to participate in the hearing .


### partially register the initiative if a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties ; ### partially register the initiative if the eci committee declares the initiative partially admissible ;


### the commission and the group of organisers may inform the signatories on the response to the initiative in accordance with article 17 and . ### when the contact information of the signatories is available in accordance with articles 17 and , the commission and the group of organisers shall inform the signatories on the response to the initiative .


### where the group of organisers wishes to terminate the collection of statements of support before the end of 12 months after the beginning of the collection period , it shall inform the commission of the date at which the collection period is to end . ### where the group of organisers wishes to terminate the collection of statements of support before the end of 18 months after the beginning of the collection period , it shall inform the commission of the date at which the collection period is to end .


### the commission shall periodically review the functioning of the european citizens ' initiative and present a report to the european parliament and the council on the application of this regulation no later than five years from the date of application of this regulation , and every five years thereafter . the reports shall be made public . ### the commission shall periodically review the functioning of the european citizens ' initiative and present a report to the european parliament and the council on the application of this regulation no later than three years from the date of application of this regulation , and every three years thereafter . the reports shall be made public .


### in at least one quarter of the member states , the number of signatories is at least equal to the minimum number set out in annex i , corresponding to the number of the members of the european parliament elected in each member state , multiplied by 750 , at the time of registration of the initiative . ### in at least one quarter of the member states , the number of signatories is at least equal to the minimum number set out in annex i , corresponding to the number of the members of the european parliament elected in each member state , multiplied by the total number of members of the european parliament , at the time of registration of the initiative .


### tthe commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearing at its premises . representatives of the commission and the council , the european economic social committee and the committee of the regions , as well as other institutions and advisory bodies of the union , representatives of civil society , social partners , and other interested stakeholders , including national parliaments , shall be given the opportunity to participate in the hearing . the hearing shall be web - streamed and publically available on the eci website thereafter . following the hearing , the european parliament shall hold a plenary debate on the initiative and decide whether to adopt a motion for a resolution . within 12 months of the issuance of the commission communication pursuant to article 15 , the eci organisers shall be entitled to request a second public hearing at the european parliament . the european parliament shall organise the second public hearing within three months of the submission of the request .


### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee and the committee of the regions . ### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee , the committee of the regions and the national parliaments .


### in that case , the group of organisers may either amend the initiative to take into account the commission’s assessment to ensure that the initiative is in conformity with the requirement laid down in paragraph 3 or maintain or withdraw the initial initiative . the group of organisers shall inform the commission of its choice within one month of the receipt of the commission’s assessment giving the reasons thereof , and shall , as the case may be , transmit amendments to the information referred to in annex ii to replace the initial initiative . ### in that case , the group of organisers may either amend the initiative to take into account the eci committee’s assessment to ensure that the initiative is in conformity with the requirement laid down in point of paragraph 1 of article 5b or maintain or withdraw the initial initiative . the group of organisers shall inform the commission of its choice within one month of the receipt of the eci committee’s assessment giving the reasons thereof , and shall , as the case may be , transmit amendments to the information referred to in annex ii to replace the initial initiative .


### in order to ensure that an initiative is representative and to ensure similar conditions for citizens to support an initiative , it is also appropriate to establish the minimum number of signatories coming from each of those member states . those minimum numbers of signatories required in each member state should be degressively proportional and correspond to the number of members of the european parliament elected in each member state , multiplied by 750 . ### in order to ensure that an initiative is representative and to ensure similar conditions for citizens to support an initiative , it is also appropriate to establish the minimum number of signatories coming from each of those member states . those minimum numbers of signatories required in each member state should be degressively proportional and correspond to the number of members of the european parliament elected in each member state , multiplied by the total number of the members of the european parliament .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the commission and the european parliament should ensure that the public hearing is organised at the european parliament within three months from the submission of the initiative and the representation at an appropriate level of the commission . other institutions and advisory bodies of the union and , where relevant , representatives of national and regional parliaments should have the opportunity to participate in the hearing .


### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative . ### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where part of the initiative does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a new legal act or the abrogation or amendment of any existing legal act of the union for the purpose of implementing the treaties , including with the view to their amendment , and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative .


### the commission may carry out its own verification of the quality of the data reported pursuant to articles 4 and 5 . ### the commission shall carry out its own verification of the quality of the data reported pursuant to articles 4 and 5 .


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ; ### the general objective of the programme shall be to provide support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , economic and social welfare and social inclusion , environmental sustainability in response to economic , social and environmental challenges and commitments such as the cop21 , with a view to enhancing social and territorial cohesion , competitiveness , productivity , sustainable growth , high quality job creation , and investment , including through the implementation of the european pillar of social rights , convergence and shared prosperity , resilience to shocks . ;


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ” ; ### the general objective of the programme shall be to provide support to national authorities for administrative and economic reform and measures aimed at reforming and strengthening institutions , governance , public administration , economic sectors and social protection systems , with a view to promoting and enhancing sustainable growth , quality job creation and investment , competitiveness , productivity , territorial and social cohesion , including through the implementation of the european pillar of social rights , convergence and shared prosperity , resilience to shocks . this support may include also assistance for the efficient , effective and transparent use of the union funds . through these goals the programme will also prepare for participation in the euro area , in particular in the context of economic governance processes . ” ;


### the agency may , in particular , base its assessment on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . ### the agency may , in particular , base its assessment on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits , case sampling and information provided by unhcr and other relevant united nations human rights treaty monitoring bodies and special procedures or council of europe human rights monitoring mechanisms and other relevant international and non - governmental organisations .


### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations . ### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , international and non - governmental organisations at national or union level and relevant united nations human rights treaty monitoring bodies and council of europe human rights monitoring mechanisms , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations .


### the agency shall coordinate actions on resettlement taken by member states or by the union , including the exchange of information , so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries . the agency shall gather information , monitor resettlement to member states and support member states with capacity building on resettlement . the agency may also , subject to the agreement of the third country and in agreement with the commission , coordinate any such exchange of information or other action between member states and a third country , in the territory of that third country . ### the agency shall coordinate actions on resettlement taken by member states or by the union , including the exchange of information , in full compliance with the standards and guidance set by unhcr , so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries . the agency shall gather information , monitor resettlement to member states and support member states with capacity building on resettlement . the agency may also , subject to the agreement of the third country and in agreement with the commission , coordinate any such exchange of information or other action between member states and a third country , in the territory of that third country .


### to foster convergence in applying the assessment criteria established in directive 2011 / 95 / eu of the european parliament and of the council , 22 the agency shall coordinate efforts among member states to engage in and develop a common analysis providing guidance on the situation in specific countries of origin . __________________ 22 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted . ### to foster convergence in applying the assessment criteria established in directive 2011 / 95 / eu of the european parliament and of the council , 22 the agency shall coordinate efforts among member states to engage in and develop a common analysis providing guidance on the situation in specific countries of origin . the agency shall ensure that such common analysis takes full account of the most recent unhcr eligibility guidelines for assessing the international protection needs of asylum - seekers from specific countries of origin and of unhcr country / situation specific position papers , if available . __________________ 22 directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted .


### the agency , in close cooperation with the commission , shall establish a mechanism to : ### the agency , in close cooperation with the commission and relevant international and non - governmental organisations , shall establish a mechanism to :


### the agency shall create factual , legal and case law databases on the application and interpretation of union , national and international asylum instruments making use , in particular , of existing arrangements . no personal data shall be stored in such databases , unless such data has been obtained by the agency from documents that are publicly accessible . ### the agency shall create factual , legal and case law databases on the application and interpretation of union , national and international asylum instruments making use , in particular , of existing arrangements and in cooperation with relevant international organisations , non - governmental organisations , researchers and academics . no personal data shall be stored in such databases , unless such data has been obtained by the agency from documents that are publicly accessible .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . this should be done in accordance with article 25 of regulation 2016 / 679 . to display the traffic movements in certain directions during a certain period of time , an identifier may be necessary to link the positions of individuals at certain time intervals . when processing electronic communications metadata , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


### end - users who have consented to the processing of electronic communications data as set out in point of article 6 and points and of article 6 shall be given the possibility to withdraw their consent at any time as set forth under article 7 of regulation 2016 / 679 and be reminded of this possibility at periodic intervals of 6 months , as long as the processing continues . ### end - users who have given their consent to the processing of electronic communications data as set out in point c of article 6 and points a and b of article 6 , point b of article 8 and point aa of article 8 shall be given the possibility to withdraw their consent at any time as set forth under article 7 of regulation 2016 / 679 and be reminded of this possibility at periodic intervals of 6 months , as long as the processing continues .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users ' consent . ### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should also apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee , and when stored . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , injecting ads or other content and analysis of customers´ traffic data , including browsing habits without the end - users ' consent .


### information and options for privacy settings to be provided ### privacy by design and by default


### the provisions of this regulation particularise and complement regulation 2016 / 679 by laying down specific rules for the purposes mentioned in paragraphs 1 and 2 . ### the provisions of this regulation particularise and complement regulation 2016 / 679 by laying down specific rules for the purposes mentioned in paragraphs 1 and 2 . except where otherwise provided for in this regulation , the provisions of regulation 2016 / 679 shall apply when personal data is processed .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### after receiving all relevant information about the intended processing in clear and easily understandable language , provided separately from the terms and conditions of the provider , the user or users concerned have given their specific consent to the processing of their communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled without the processing of such metadata .


### it is necessary for providing an information society service requested by the end - user ; or ### it is strictly necessary for providing an information society service requested by the end - user ; or


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , or making information available through the terminal equipment , including information about or generated by its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds :


### this regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end - users . ### this regulation applies to :


### this regulation applies to : the provision of electronic communications services to end - users in the union , irrespective of whether a payment of the end - user is required ; the use of such services ; the protection of information related to the terminal equipment of end - users located in the union . ### this regulation applies to the activities referred to in article 2 where the user or end - user is in the union or where the communications services , hardware , software , directories , or direct marketing commercial electronic communications are provided from the territory of the union .


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to points and of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a party , which could be the provider of the electronic communication service , specifically entrusted by the end - user to record , store or otherwise process such data . the end - user may further process the content in accordance with regulation 2016 / 679 , if applicable .


### software placed on the market permitting electronic communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment . ### hardware and software placed on the market that enable the access to and use of electronic communications services or the access to and use of information society services must be able to prevent other parties from the use of input , output , processing and storage capabilities of terminal equipment and the processing of information from users ' terminal equipment , or making information available through the terminal equipment , including information about and processed by its software and hardware .


### if all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority . ### all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority .


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is strictly necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , unlawful use of , or subscription to , electronic communications services ; or


### providers of electronic communications networks and services may process electronic communications data if : ### providers of electronic communications networks and services may process electronic communications data only if :


### it is necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or ### it is strictly necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or


### without prejudice to any other administrative or judicial remedy , every end - user of electronic communications services shall have the same remedies provided for in articles 77 , 78 , and 79 of regulation 2016 / 679 . ### without prejudice to any other administrative or judicial remedy , every end - user of electronic communications services and , where applicable , every body , organisation or association , shall have the same remedies provided for in articles 77 , 78 , 79 and 80 of regulation 2016 / 679 .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . this should be done in accordance with article 25 of regulation 2016 / 679 . to display the traffic movements in certain directions during a certain period of time , an identifier may be necessary to link the positions of individuals at certain time intervals . when processing electronic communications metadata , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


### protection of information stored in and related to end - users’ terminal equipment ### protection of information stored in , related to and processed by end - users’ terminal equipment


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users ' consent . ### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should also apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee , and when stored . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , injecting ads or other content and analysis of customers´ traffic data , including browsing habits without the end - users ' consent .


### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent , in an easy manner , to receiving further marketing communications . ### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent or object , in a manner that is as easy as giving the consent and free of charge , to receiving further marketing communications .


### present the identity of a line on which they can be contacted ; or ### present the identity of a line on which they can be contacted ; and


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is strictly necessary for billing , calculating interconnection payments , detecting or stopping fraudulent use of , or subscription to , electronic communications services ; or


### the commission shall , by [ 48 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the impact and added value of this directive on combating terrorism . the commission shall take into account the information provided by member states under decision 2005 / 671 / jha . ### the commission shall , by [ 12 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the added value of this directive on combating terrorism and its impact on fundamental rights and freedoms and the rule of law . the commission shall take into account the information provided by member states under decision 2005 / 671 / jha and any other relevant information regarding the exercise of powers under counter - terrorism laws related to the transposition and implementation of this directive .


### member states shall take the necessary measures to ensure that the distribution , or otherwise making available , of a message to the public , with the intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct , whether or not directly advocating terrorist offences , causes a danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that the distribution of a message to the public , with the clear intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct , advocating terrorist offences , causes a substantial and imminent danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally and unlawfully .


### member states shall take the necessary measures to ensure that the distribution , or otherwise making available , of a message to the public , with the intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct , whether or not directly advocating terrorist offences , causes a danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that the distribution , or otherwise making available of a message to the public , with the clear intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct , whether or not expressly advocating the commission of terrorist offences , manifestly causes a clear and substantial danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally and unlawfully .


### unduly compelling a government or international organisation to perform or abstain from performing any act , ### using violence or the threat of violence to compel or seek to compel a government or international organisation to perform or abstain from performing any act ,


### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be implemented in accordance with these rights and principles . ### this directive should respect the principles recognised , inter alia , by articles 2 and 6 of the treaty on the european union , should respect fundamental rights and freedoms and should observe the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of assembly and association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence , should respect the principles recognised in the european convention for the protection of human rights and fundamental freedoms and in the international covenant on civil and political rights , as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be interpreted in accordance with these rights and principles .


### threatening to commit any of the acts listed in points to . ### seriously threatening to commit any of the acts listed in points to , where the threat has been accompanied by physical manifestations of the threat .


### member states shall take the necessary measures to ensure that the distribution , or otherwise making available , of a message to the public , with the intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct , whether or not directly advocating terrorist offences , causes a danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that the distribution , or otherwise making available by any means , including the internet , of a message to the public , with the intent to incite or glorify the commission of one of the offences listed in points to of article 3 , where such conduct , whether directly or indirectly advocating the commission of terrorist offences , causes a clear and substantial danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally .


### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be implemented in accordance with these rights and principles . ### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of assembly and association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be interpreted in accordance with these rights and principles .


### the implementation of the criminalisation under this directive should be proportional to the nature and circumstances of the offence , with respect to the legitimate aims pursued and to their necessity in a democratic society , and should exclude any form of arbitrariness or discrimination . ### the implementation of this directive should be proportional to the nature and circumstances of each case , with respect to the legitimate aims pursued and to their necessity in a democratic society , and should exclude any form of arbitrariness or discrimination .


### terrorist financing should be punishable in the member states and cover the financing of terrorist acts , the financing of a terrorist group , as well as other offences related to terrorist activities , such as the recruitment and training , or travel for terrorist purposes , with a view to disrupting the support structures facilitating the commission of terrorist offences . aiding and abetting or attempting terrorist financing should also be punishable . ### without prejudice to directive 2015 / 849 / eu of the european parliament and of the council1a , terrorist financing should be punishable in the member states and cover the financing of terrorist acts , the financing of a terrorist group , as well as other offences related to terrorist activities , such as the recruitment and training , or travel for terrorist purposes , with a view to disrupting the support structures facilitating the commission of terrorist offences , even in the absence of a link to a specific terrorist act or acts . aiding and abetting or attempting terrorist financing should also be punishable . __________________ 1a directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and of the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


### to restrict access to any document containing trade secrets submitted by the parties or third parties , in whole or in part ; ### to restrict access to any document containing trade secrets submitted by the parties or third parties , in whole or in part , provided that both parties involved or their representative have access to them ;


### has commercial value because it is secret ; ### has significant commercial value because it is secret and because the disclosure of it would be significantly detrimental to the legitimate economic interest of the person lawfully controlling it ;


### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the trade secret holder damages commensurate to the actual prejudice suffered . ### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the defendant who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the natural or legal person lawfully controlling a trade secret damages commensurate to the actual prejudice suffered as a result of the unlawful access , disclosure or use of the trade secret .


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the natural or legal person lawfully controlling a trade secret , intentionally and with the aim of acquiring an economic gain or advantage or of causing economic detriment to the person lawfully controlling it or with gross negligence , by a person who is found to meet any of the following conditions :


### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by : ### the acquisition of a trade secret without the consent of the natural or legal person lawfully controlling a trade secret shall be considered unlawful whenever carried out intentionally with the aim of acquiring an economical gain or of causing economic detriment to person lawfully controlling it or with gross negligence by :


### ‘ infringer’ means any natural or legal person who has unlawfully acquired , used or disclosed trade secrets ; ### ' defendant ' means any natural or legal person who has intentionally unlawfully acquired , used or disclosed trade secrets for purposes of commercial nature and in a manner contrary to honest commercial practices ;


### is in breach of a contractual or any other duty to limit the use of the trade secret . ### is in breach of a legally valid contractual duty to limit the use of the trade secret .


### for the purpose of revealing an applicant’s misconduct , wrongdoing or illegal activity , provided that the alleged acquisition , use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest ; ### for the purpose of revealing an applicant’s misconduct , fraud , wrongdoing , illegal or unethical activity , provided that the alleged acquisition , use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest ;


### is secret in the sense that it is not , as a body or in the precise configuration and assembly of its components , generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question ; ### is secret in the sense that it is not , as a body or in the precise configuration and assembly of its components , known among or readily accessible to persons within the circles that normally deal with the kind of information in question or persons who could obtain economic value from its disclosure or use ;


### to restrict access to hearings , when trade secrets may be disclosed , and their corresponding records or transcript . in exceptional circumstances , and subject to appropriate justification , the competent judicial authorities may restrict the parties’ access to those hearings and order them to be carried out only in the presence of the legal representatives of the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1 ; ### to restrict access to hearings , when trade secrets may be disclosed , and their corresponding records or transcript , provided that both parties involved or their representative have access to them . in exceptional circumstances , and subject to appropriate justification , the competent judicial authorities may restrict the parties ' access to those hearings and order them to be carried out only in the presence of the legal representatives of the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1 ;


### ’infringing goods’ means goods whose design , quality , manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired , used or disclosed . ### ' unlawful goods ' means goods that are placed on the market whose design , quality , manufacturing process or marketing are demonstrated to have benefited from trade secrets unlawfully acquired , used or disclosed .


### is in breach of a confidentiality agreement or any other duty to maintain secrecy of the trade secret ; ### is in breach of a legally valid confidentiality agreement under to national or union law to maintain secrecy of the trade secret ;


### exercise of the right of workers representatives to information and consultation in accordance with union and national law and / or practices ; ### exercise of the right of workers or workers ' representatives to information and consultation in accordance with union and national law and / or practices ;


### avoids the creation of barriers to legitimate trade in the internal market . ### avoids the creation of barriers to legitimate trade , competition and worker ' s mobility in the internal market ;


### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy . this investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment , which is the underlying motivation for business research and development . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of formal intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access and exploit the knowledge that is valuable to the entity and not widely known . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . businesses , irrespective of their size , value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies . by protecting such a wide range of know - how and commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance . ### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy . this investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment , which is the underlying motivation for business research and development . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access that is valuable to the entity and not generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question and by other persons who might obtain economic value from its disclosure or use . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . businesses , irrespective of their size , value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies . by protecting such a wide range of know - how and commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance .


### open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties . ### open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . it is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . such an environment conducive to intellectual creation and innovation and where employment mobility is ensured is also important for employment growth and improving competitiveness of the union economy . trade secrets may have a role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation .


### provides for safeguards against their abuse . ### provides for safeguards against their abuse and ensures that in the event that defendants are wrongfully accused of unlawful action , they are fully compensated for any detriment suffered due to such wrongful accusation .


### in the interest of innovation and to foster competition , the provisions of this directive should not create any exclusive right on the know - how or information protected as trade secrets . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product . ### in the interest of innovation and to foster competition , the provisions of this directive and its implementation should not create any exclusive right on the know - how or information protected as trade secrets . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product .


### has been subject to reasonable steps under the circumstances , by the person lawfully in control of the information , to keep it secret . ### has been subject to reasonable and demonstrable steps under the circumstances , by the person lawfully in control of the information , to keep it secret . those reasonable steps shall be assessed by the competent judicial authorities on the basis , in particular , of the legitimate use of technical and contractual means by the person lawfully in control of the information .


### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent . ### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that the matter involved qualifies as a trade secret , that the applicant is the legitimate natural or legal person lawfully controlling a trade secret , that the trade secret has been acquired unlawfully , and that the trade secret is being unlawfully used or disclosed .


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the natural or legal person lawfully controlling a trade secret , intentionally and with the aim of acquiring an economic gain or advantage or of causing economic detriment to the person lawfully controlling it or with gross negligence , by a person who is found to meet any of the following conditions :


### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation . such definition should therefore be constructed as to cover business information , technological information and know - how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question . ### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret . such definition should therefore be constructed as to cover business information and undisclosed know - how where there is a legitimate interest in keeping confidential , a commercial value of this information because it is kept confidential , and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question and by competitors . the conditions establishing unlawful use or disclosure should not limit the use of acquired experience and know - how through honest practices for instance in the framework of a labour agreement or any other contractual relationship . this should ensure that labour mobility will not be endangered while at the same time ensuring adequate protection for trade secrets . this directive is without prejudice to the autonomy of the social partners and their right to enter into collective agreements in accordance with national law , traditions and practices and while respecting the provisions of the treaty .


### has been subject to reasonable steps under the circumstances , by the person lawfully in control of the information , to keep it secret . ### has been subject to reasonable and demonstrable steps by the person lawfully in control of the information , to keep it secret , through means that can be verifiable by the relevant competent judicial authorities .


### open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties . ### open innovation is a catalyst for new ideas to find their way to the market - meeting the needs of consumers and tackling societal challenges . it is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . such an environment conducive to intellectual creation and innovation and where employment mobility is ensured is also important for employment growth and improving competitiveness of the union economy . trade secrets have a role in protecting the exchange of knowledge between businesses and / or research institutions , within and across the borders of the internal market , in the context of research and development and innovation . the existing union legal framework against unlawful acquisition , use or disclosure of trade secrets by third parties is fragmented in 28 different laws , which creates barriers to the effective functioning of the internal market .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of expression and information , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence . ### the implementation of this directive should ensure that it respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of expression and information , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence . thus the provisions of this directive should not apply , if the disclosure of information is in the overriding public interest or can be considered as a fundamental right .


### member states shall ensure that trade secret holders are entitled to apply for the measures , procedures and remedies provided for in this directive in order to prevent , or obtain redress for , the unlawful acquisition , use or disclosure of a trade secret . ### member states shall ensure that natural or legal persons lawfully controlling a&#160 ; trade secret are entitled to apply for the measures , procedures and remedies provided for in this directive in order to obtain redress for , the unlawful acquisition , use or disclosure of a trade secret .


### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy . this investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment , which is the underlying motivation for business research and development . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of formal intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access and exploit the knowledge that is valuable to the entity and not widely known . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . businesses , irrespective of their size , value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies . by protecting such a wide range of know - how and commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance . ### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy and gives a competitive advantage . this investment in generating and applying intellectual capital determines their competitiveness and innovative performance in the market and therefore their returns to investment , which is the underlying motivation for business research and development . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access to commercially valuable information and exploit the knowledge that is valuable to the entity and not known among , or readily accessible to , persons within the circles that normally deal with the kind of information in question or by other persons who might obtain economic value from its disclosure or use . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . small and medium - sized enterprises , especially , value and rely on trade secrets more , because the use of intellectual property rights tends to be expensive and smes often do not have sufficient specialised human and financial resources to manage and protect intellectual property rights . businesses , irrespective of their size , value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies . by protecting such a wide range of know - how and commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance .


### member states shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition , disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent , such competent judicial authorities shall be entitled to take the following measures : ### member states shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition , disclosure or use of a trade secret is unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent , or of preventing the disclosure of information of public interest , such competent judicial authorities shall be entitled to take the following measures :


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the natural or legal person in lawful control of a trade secret , intentionally and with the aim of acquiring an economic gain or advantage or of causing economic detriment to the person in lawful control of it or with gross negligence , by a person who is found to meet any of the following conditions :


### member states shall ensure that the measures referred to in in point of article 11 are revoked or otherwise cease to have effect , upon request of the respondent if in the meantime the information in question no longer fulfils the conditions of point of article 2 for reasons that cannot be attributed to the respondent . ### member states shall ensure that the measures referred to in point and of article 11 are revoked or otherwise cease to have effect , upon request of the respondent if in the meantime the information in question no longer fulfils the conditions of point of article 2 for reasons that cannot be attributed to the respondent .


### this directive should not affect the application of competition law rules , in particular articles 101 and 102 of the treaty on the functioning of the european union . the measures provided for in this directive should not be used to restrict competition unduly in a manner contrary to that treaty . ### this directive should not affect the application of competition law rules , in particular articles 101 and 102 of the treaty on the functioning of the european union . the measures provided for in this directive should not be used to unfairly restrict competition , delay access to the internal market , or create barriers to labour mobility in a manner contrary to that treaty .


### to restrict access to any document containing trade secrets submitted by the parties or third parties , in whole or in part ; ### to restrict access to any document containing trade secrets submitted by the parties or third parties , in whole or in part , provided that both parties involved , their respective lawyer or representative in the proceedings and where relevant their experts , and court officials have full access to such documents ;


### international efforts taken in the framework of the world trade organisation to address this problem led to the conclusion of the agreement on trade - related aspects of intellectual property . it contains , inter alia , provisions on the protection of trade secrets against their unlawful acquisition , use or disclosure by third parties , which are common international standards . all member states , as well as the union itself , are bound by this agreement which was approved by council decision 94 / 800 / ec5 . __________________ 5 council decision of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations . ### the agreement on trade - related aspects of intellectual property contains , inter alia , provisions on the protection of trade secrets against their unlawful acquisition , use or disclosure by third parties , which are common international standards . all member states , as well as the union itself , are bound by this agreement which was approved by council decision 94 / 800 / ec5 . in order to protect trade secrets against misappropriation , some member states have legislation in place , however some member states have not defined trade secrets and do not have binding legislation against misappropriation of trade secrets , which creates gaps and barriers to the effectively functioning of the internal market . it is also appropriate to define at union level the situations where the acquisition , use and disclosure of a trade secret is lawful or unlawful , and to limit the period of application of redress procedures , for this directive to serve its purpose of consistent protection of trade secrets in the union . __________________ 5 council decision of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations .


### has commercial value because it is secret ; ### has actual or potential significant commercial value because it is secret and because its disclosure would be significantly detrimental to the legitimate economic interest of the person lawfully controlling it ;