EC (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations, 2003. (S.I. No. 535 of 2003) were signed on the 6th of November.

· Regulation 5 provides that no person can use an electronic communications network to store information or to gain access to information stored in the terminal equipment of a subscriber unless the subscriber is given clear and comprehensive information (including the purpose of processing) and the subscriber is given the right to refuse such processing. This does not apply to technical storage. 

· Regulation 6 provides that traffic data (data processed for the purpose of the conveyance of a communication on an e-communications network or for billing) must be erased or made anonymous when it is no longer needed for that purpose. An undertaking may process this type of data up until the end of the period in which the bill may be lawfully challenged and they may process this data for marketing purposes where the subscriber or user has given his consent to the processing. · 

Regulation 9 provides that location data (data processed in an e-communications network, which indicates the geographic position of the terminal equipment of a user) must not be processed unless the data is made anonymous or the user or subscriber has given his consent. 

· Regulation 13(1) provides that it is an offence to send any spam (unsolicited commercial email, including fax, sms, mms, telephone, email etc) for the purpose of direct marketing to a natural subscriber without their consent. 

· Regulation 13(6)(b) provides that any person who uses any e-communications service to send unsolicited communication for the purpose of direct marketing must include in the e-mail the name of the person and a valid address at which that person may be contacted.

· Regulation 13(7) provides that where a vendor obtains a customers email address (from that customer) whilst selling them a product or service then the email address may be used for the purpose of direct marketing the vendors similar products and services. This is provided that customers are clearly and distinctly given the opportunity to object, in an easy manner and without charge, to such use of electronic contact details when they are collected and on the occasion of each message in case the customer has not initially refused such use. 

· Regulation 13(8) provides that a person shall not send an email for the purposes of direct marketing, which disguises or conceals the identity of the sender on whose behalf the communication was made, or without a valid address to which the recipient may send a request that such communication shall cease.

• email means any text, voice, sound or image message including an SMS message sent over a public communications network which can be stored in the network or in the recipient's terminal equipment until it is collected by the recipient. 

· These summary offences as set out in Regulation 13 are prosecuted by the Data Protection Commissioner.

EC (Directive 2000/31) Regulations 2003 (SI. No. 68 of 2003) are examined in the e-commerce section.

New caselaw and legislation has been added to most sections.