Article 95·low·Component: Chapter XI: Final ProvisionsWhat this control requires
This control ensures that GDPR does not impose additional obligations on entities already subject to specific obligations under Directive 2002/58/EC concerning the provision of publicly available electronic communications services within the Union. This control addresses Final Provisions.
In plain English
This control ensures that GDPR does not impose additional obligations on entities already subject to specific obligations under Directive 2002/58/EC concerning the provision of publicly available electronic communications services within the Union. In practice, this means you can prove you obligations directive 2002/58/ec-level controls on a defined cadence.
Why it matters
GDPR administrative fines reach the greater of €20 million or 4% of global annual turnover. The European Data Protection Board (EDPB) coordinates supervisory-authority enforcement across the EU/EEA, and DPAs publish enforcement decisions citing specific Articles.
What an auditor looks for
A DPA or privacy auditor expects: a Records of Processing Activities (RoPA) entry, a documented lawful basis, evidence the Article's data-subject right is operationalised end-to-end, a named DPO contact (where required), and Article 30 records that match what the front-end actually does.
Within Chapter XI: Final Provisions, the assessor will trace your implementation back to the catalogue reference (Article Article 95) and look for objective evidence on the latest two assessment cycles.
How to implement
Policy Management
Docs. Keep each policy in version-controlled Markdown alongside the code that implements it; ship a signed PDF snapshot at each annual review and link the SHA into the SoA.
Operational checklist
- Obligations. Document the trigger, the owner and the cadence.
- Relationship. Document the trigger, the owner and the cadence.
- Scope: directive 2002/58/ec.
Evidence to collect
- Policy Document. A signed and version-controlled policy / standard / procedure document.
Signed policy or standard documents the safeguard. Focus: Relationship with Directive 2002/58/EC.
Common pitfalls
- Policies that no engineer has read; the version in Confluence drifts from the version that's actually being enforced.
How it maps to other frameworks
Computed from shared tags, control component and key-operation subjects — handy when you are reconciling controls across an audit.
- CIS Controls v8 2.6 — Allowlist Authorized Libraries
- ISO/IEC 27001:2022 A.5.5 — Contact with authorities
- SOC 2 (2017 TSC) CC2.3 — External Communication on Internal Control Matters
- ISO/IEC 27701:2025 A.3.15 — Independent review
- ISO/IEC 42001:2023 A.2.2 — Policies for the responsible development or use of AI systems
Related controls in GDPR
- Article Article 94 — Repeal of Directive 95/46/EC
- Article Article 98 — Review of other Union legal acts on data protection
- Article Article 99 — Entry into force and application
- Article Article 83 — General conditions for imposing administrative fines
- Article Article 96 — Relationship with previously concluded Agreements
- Article Article 2 — Material Scope
References
- European Union — GDPR
- Catalogue identifier:
Article Article 95
Topics: governance riskpolicy management